Employer declined insurance company's estimate, leaving us with no insurance

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OKVacationer

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This involves two states. I am in Oklahoma. My employer is in Pennsylvania. I work at home/telecommute.

I have worked for them for 4 years and am an employee rather than an independent contractor. As part of our benefits package for being employees, we are to receive insurance (medical, dental, vision), paid time off, and 401k participation.

In December, our employer decided to change payroll companies. Previously, they had purchased insurance as part of small business group package through whatever payroll company they were using. In the process of the change, we also had to fill out insurance forms. We were only given approximately 4 days over a weekend to fill out the forms, but instead of sending the forms to the insurer, they had us send them to the company.

These were very invasive forms requiring our medical histories for the past ten years, physicians we had seen, treatments, medications, prognosis, etc., plus a release for medical records.

January came, and we received no insurance cards. The company kept assuring us they were coming.

Finally, right around January 31st, we received an email from the company stating that the insurance company had come back with an estimate that was 150% more than the original quote and that it was not acceptable and they were declining the coverage. Therefore, they requested that we take Cobra coverage to take care of "back coverage" for January. However, considering it was February, it meant two Cobra payments would have needed to be made within a week. They then requested that we obtain individual policies, and the company would pay half of it, upon proof of coverage, up to $288/month. The $288 is supposedly half of what they had budgeted to pay monthly for our insurance with us paying the other half (or $576). That is for single coverage for just me.

This is the confusing part. They told us they would pay half of Cobra until we had coverage. Yet for me, personally, in my state, Cobra is going to be right at $800 per month. As of February 14th, nearly $1600 would have been due to maintain Cobra coverage. My half would have been $800. I cannot afford that. I just can't.

One of the reasons I am an employee in this industry (medical transcription) rather than an independent contractor is so that I can receive a group insurance rate and paid time off.

I am running into problems in an attempt to obtain an individual policy. First, I contacted my states insurance commission. They have an insurance plan for people who are self-employed or the employer has less than 99 people. I am not self-employed. My employer said they have less than 99 employees, but when I asked them for a statement on their letterhead (requirement from the state), they wouldn't send it to me.

I am also running into quotes for individual health insurance policies that state if I am *eligible* for a policy through my employer that there would be exclusions because they do not act as a secondary insurance.

We were told we had 63 days to obtain coverage before we lose coverage through HIPAA, and I'm coming to the end of that time and still have no insurance.

This is one of the last companies in this industry that still offers benefits. I have applied for jobs in other sectors, tested, gone on interviews, but have yet to land another job.

The company has sent some goobledygook about how the insurance's "internal policies" prevent them from providing anything other than the quote that was originally given, and so now the company is trying to incorporate in New Jersey. I don't know what that has to do with them declining the insurance co's policy.

So my question is: What are the legalities in this? Do they have an obligation to keep trying to find us something? It is supposed to be part of our compensation. Also, what do I do because the insurance I'm finding is supposed to be for self-employed people, which we are not.

The funny thing is, I have life, dental, and vision insurance... just no health insurance. This is creating a problem because when I apply for policies, I receive a notice that states their records indicate I have other health insurance, and there are penalties for insurance fraud.

I'm not looking to sue them, but I would at least wonder where I can go from here because the bottom line is that I have no health insurance at this time and while my company is supposed to provide insurance, they have not done so.
 
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An employer is not mandated to provide anything other than compensation for your services. It appears that is the path your employer has chosen to pursue.

You have no legal recourse against your employer for their choice. You remain free to pursue new employment or live with your employer's choices.
 
Is there anything I can do regarding their refusal to provide a statement regarding the number of employees they have?

As stated above, I could receive my state's insurance, but the state is not willing to just take my word regarding the fact that my employer does or does not have 99 employees or less.

I feel like I am over a barrel because when I apply for individual policies, and they run my information through whatever system they have, I am flagged as already having insurance when, in fact, I don't.
 
They are not legally obligated to provide you with a statement as to how many employees they have.

This situation has been very badly mismanaged, but there are only two states (under the present law) where they are obligated to provide you with insurance, and neither of the two states are either OK or PA.
 
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