Is this legal?

[janedoe]

It has been a state law in Massachusetts for a while now that people carry health insurance. We discovered a while ago that we couldn't double up on insurance even if we were eligible through two employers.

My husband was laid off 18 months ago. We have been on COBRA for 18 months and are now switching to his current employer through the temp agency because it is running out - in 6 days. They keep asking for more and more documentation and are refusing to switch us over until they get all of this new stuff. First they said that we had to stay on COBRA for the maximum time allowed and needed a letter to show that time period. Now they're saying that they need a detailed payment history.

I don't think that it's legal for them to deny us health coverage for these reasons. Does anyone know?

[Bamps]

I wouldn't know. Sounds like a bunch of run-around silliness to me.

[POPTOP]

I know that you can't double up, i.e., having two insurances pay as primary coverage thus the two overpaying. If both you and your DH are covered with insurance by your employer and he is the one who gets ill, then his group insurance is primary, yours secondary (assuming you have coverage for him on your policy).

I don't know about him having to stay on COBRA for the maximum time. I do know there was a lady in our office who was covered with COBRA who changed over to the group insurance without using all her COBRA coverage, but that's in our state. It's hard to answer the question about needing previous medical history. Every group I've joined only required a statement of continuous coverage for a specific amount of time prior to joining. They also covered all pre-existing conditions.

[janedoe]

I got involved. They are processing it today. There's nothing on our state website stating that COBRA has to run out first, just that it has to be current. These people really yanked us around. I hate having to yell. They're like this about everything.

[CraftHer]

I hate having to yell, too. Hope they get it done before the deadline.

[janedoe]

I hate having to yell, too. Hope they get it done before the deadline.

She got it done today. She e-mailed our policy number. Nobody likes it when I yell. My husband has to have insurance. It's just not an option to go without.

Incidentally, the Department of Insurance got back to me. This kind of thing falls under the Department of Labor, not Insurance. Good to know!