I need meta-advice. (Probably need a lawyer for the advice itself)

In My Humble Opinion
1

My situation: started a job in mid-December. Health insurance was to kick in on April 1 (first day of month following 3 months’ employment). As a perk and good-bye present from my old employer, I was given 3 months’ Cobra free when I left them in February, thus covering me until the end of February.

The open uncovered empty-window of the month of March was not anticipated to be a problem, as I could retroactively pay up the March Cobra if I needed med attention (and would not be considered uncovered until I failed to pay by the end of March, etc), and furthermore doesn’t exceed the 65-day window of allowable lapse before the evils of being considered uninsured (i.e., subject to “pre-existing conditions” excuses for not covering future treatments, perhaps required to take a new physical etc etc). And indeed March was not a problem.

April is a problem. Employer has dragged feet, I’ve been nagging, I have no card and no policy number. And, umm, I’m about to give notice. I will need to pay Cobra to continue coverage from THIS job for 2 months before ins coverage commences at NEW job. Thus the issue: I ain’t got coverage at the moment, I’m afraid to give notice lest the guy just doesn’t bother putting it through at all, which would kind of screw me rather spectacularly.

What I’d like to find out (and probably need to ask a lawyer): what recourse do I have and when do I have it? What must I have (policy number, actual insurance card, email documentation of promises to put me on health insurance, name of person at ins company saying “Yep we’ve got you on our rolls”, etc) in order to safely consider myself covered and therefore eligible for Cobra? What can and should I do if he stonewalls until May 5 at which point my grace period expires and I’m officially, from the standpoint of insurance carriers, a truly uninsured person not entitled to HIPAA portability-of-coverage? Sue him for breach of promise to provide health ins?

What I’d like to obtain from YOU folks: I’ve never consulted an attorney. A lifetime of fiction lit and pop-culture references makes me think I have to pay to ask anything so I can’t describe my situation for free and then ask what an attorney can do and what it would cost, but rather instead have to pay for the privilege of describing my situation in the first place… and I have no idea what I can expect to be charged?!@? Do I call the Bar Association or something? Do they have phone people to provide meta-advice about what it would cost to get an attorney’s help with this mess?

Will also accept: anecdotes, guesses, IANAL-disclaimered advice for which I would not hold anyone liable or assume to constitute “legal advice”, etc. Including from any HR folks: is there anything that it would be reasonable to ask my about-to-be employer to help with this? Is it unprecedented for such a company to make ins coverage available immediately if I pay for it myself, for example, or would making such a request generate scowls and raised eyebrows? (They DO know the general situation, that I’m giving notice as soon as health ins at existing job kicks in so I can get Cobra, but I haven’t asked them to accomodate aside from “for that reason I can’t tell you specifically when I will give notice but I will keep you updated”)

2

Have you priced out an individual health insurance policy?

COBRA programs are typically administrated by companies that tack on fees. The one I dealt with had rules and tactics that made it incredibly easy to lose your insurance.

My current employer is paying about 60% for my coverage compared to my COBRA payments while I was unemployed…and it is superior coverage (lower co-pays, lower deductibles, higher limits, etc.) The previous employer had about 50 people covered on their policy. The new employer had TWO! (now up to four)

Now you may have preexisting conditions or whatever to factor in, but don’t assume group coverage via COBRA is a great deal.

3

I am no COBRA expert, but are you even eligible with your new job? I thought we needed 6 months on the job before someone became eligible.

4

I would talk to your new employer. It depends, of course, but benefits are generally negotiable. They want to hire you, after all, and I assume the sooner you start, the better. I would think they would be willing to work something out for you.

Has COBRA coverage from your last job completely lapsed? If not, you may be able to pay for a couple more months, until your new coverage kicks in. COBRA is often available for 12 - 18 months. Try giving the company handling your coverage a call, and see what they can do. Actually, you should have received a package outlining your benefits when COBRA kicked in, and that should tell you how long coverage is available. COBRA ain’t cheap, but it’s better than no coverage at all.

If you have any sort of pre-existing condition, or the insurance company *thinks *you do, getting an individual plan may be either impossible or prohibitive, but catastrophic coverage or an HSA for a couple of months may be an option.

ETA: I would talk directly to your new manager about the insurance issue, rather than HR, unless you’ve dealt strictly with HR.

5

Something doesn’t compute here. If you left in February, 3 months of free COBRA should cover you till te end of May.

6

Umm, sorry, when I left in November. To cover me until the end of February.

Point is apparently moot now, as the insurance did kick in and I did give notice.

I am retroactively covered from April 1 through the end of May.

7

Many (most?) lawyers will offer a consultation either for free or at a fraction of their regular hourly rate. I had to consult with a lawyer several years ago. Her hourly rate was $150 and the initial one hour consult was I think $60. This will depend on the sort of legal action you’re contemplating. I found this lawyer through a referral service through a tenant resource center in town (I was having a landlord-tenant dispute). Your state bar association will also have a referral service to help find a lawyer in your price range (which you won’t need now, but for future reference).

8

I think I understand what you’re saying. Is there any way you can tell your boss you have an upcoming doctor appointment and need the insurance information? It’s possible you’re covered and he’s just an ass for not doing the paperwork. Anyway, see if he’ll come up with the card, etc because you need to see a doctor.