Company didn't notify of COBRA or insurance termination and now stuck with $9500 ER bill. Help!

My fiance resigned from his job in August after 6 years faithful employment, and ended up rejoining the company about a month later due to new position not working out. During this time he was not sent COBRA paperwork nor termination of his health insurance. He was told his benefits did not lapse, he still had full coverage after returning to the job and they were even taking out premiums. When the pharmacy told him he had no coverage about a month later, we assumed it was a mistake. Then it happened again and he went to the HR lady. She "discovered" he had no insurance, whoops, gave him Cobra paperwork (2.5 months late, whoops again) and advised him not to sign up as his new insurance would start in 2 weeks and refunded the premiums paid. (side note we have a copy of cashed check but it is not his signature and he has no record or receiving check or depositing it). A few days later, he had to be rushed to ER (just our luck!) and we have since received a $9500 bill. We attempted with the replacement new HR lady to resolve the matter and try to sign up through COBRA retroactively (as it was only a few month's worth of premiums) but company's broker said it was too later that the window had shut. None of this was his fault, and now he is stuck with a giant bill. The company basically said, oh well and claims they could not sort the mess because the lady who quit didn't do her job and left no trail. Is there any legal recourse? Company claims they didn't know the HR lady had made such a mess. He has since left this employer, once again. Please help!

0 answers  |  asked Apr 2, 2018 11:03 AM [EST]  |  applies to Connecticut

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