While working for my last employer, I
recall being offered a choice of 4 health
insurance plans every August under the
open enrollment option. I rec'd a layoff
notice in late spring (2007); I worked
through mid-June; my last paycheck was
issued August 15, 2007 (I was paid over 12
months for 10 months of teaching).
My health care premiums were paid by my
former employer through the end of August
2007. I was mailed the COBRA enrollment
documents in a timely manner. I
immediately enrolled and paid my initial
premiums for September 2007.
What I wasn't provided, in retrospect, was
an opportunity to participate in open
enrollment. I was verbally informed by the
office manager that I could not change my
coverage under COBRA continuation. Of
course, when my employer was paying 100%
of my health insurance premium, I had
always selected the best (i.e., most
expensive) policy.
Being laid off unexpectedly, a lot of
worries set in. I was scrambling to find a
new job before the new school year
commenced. As lemmings do, I paid the
COBRA payment in a timely manner. If I
knew then what I know now, I would have
insisted upon being offered the same open
enrollment options to which current
employees are entitled. I could have
selected a policy that is $300 less per
month than my current premium of $667. I
have reached a point in which I can no
longer afford this amount.
My question, then, is this:
Was my former employer negligent in their
duty to provide me with open enrollment
forms/options? If so, is there any chance
I can switch to the lower cost policy
before the next open enrollment period in
August?
I feel I was misled and not given the same
open enrollment options as those still on
payroll. I am hoping I can either change
to the cheaper policy, or maybe leverage
their negligence to force them to pay the
difference in cost (between now and
August, not retroactively).
If you're still reading this rather
lengthy post, THANKS! Any insight greatly
appreciated.
P.S. I have Type 2 diabetes, so I would
prefer to continue coverage through
employer-sponsored group policy, rather
than purchase individual policy and then
cancel COBRA.
