16 answers

Pre-term Labor Took Our Daughter, NOW They Say We Missed Insurance Enrollment!

I was pregnant with twins, and due to complications from the twin pregnancy I went into pre-term labor at 24 weeks. We lost Isabella to still-birth, and Phoebe made it just 10 hours in the NICU. We weren't prepared for all of this being that they came so early, and we hadn't collected the insurance info we needed yet before this impossible to cope with situation happened. I've been at home recovering from the emergency C-section and the loss of our babies since the birth. Since then I've tried several times to contact someone at my employer (AAA) and no one would return my calls about a time frame for insurance enrollment of Phoebe, since she isn't covered under my insurance yet. Finally a friend from work was able to get me the correct phone numbers to call my employer's HR department, which isn't available outside of the office as I searched and searched for the number unsuccessfully for the last month. When I contacted them, now 40 days, since the delivery; they have informed me that all medical bills for our Daughter will NOT be covered because I missed the 31 day enrollment deadline! They also went on to say I was free to enroll her in January (2 months from now), but what good would that due since we lost our precious children. Now I am due back at work at the end of the week and have bills piling up. Is there any way around this? Is this even legal? How can they expect me to pay the ten's of thousands of dollars for the care my daughter received during her way-too-short life? My company (AAA) uses Blue Cross & Blue Shield and a rep from BlueCross & BlueShield told me there was not a deadline from them to add her, and that it was my companies prerogative as to the deadline for enrollment. Sec 125 in the Federal Law states that companies HAVE to allow 30 days but it doesn't say that they can't add them after that period of time. Is AAA just trying to hurt me and my family or what? Any Help Would be Very Welcome, there has to be a way to get these expenses covered...

What can I do next?

So What Happened?™

Thank you EVERYONE for you kind words and advice. This website has been the most helpful, BY FAR, through this stressful time. We finally got in contact with someone at BlueCross who was willing to listen to what was happening. As it turns out, just as many of you said... Phoebe was automatically covered under my Insurance for the first 30 days. NONE of the people we spoke to at BlueCross or AAA, before this, took the time to understand that. The first 30 days was the period I was inquiring about, since we only we're given 10 Hours with her on this earth. No further coverage was needed beyond that 30 days. The problem was simply a case of, us not knowing the policy, and an extremely unhelpful HR department and Supervisor completely unwilling to listen to the whole situation before saying, "Sorry you missed the enrollment deadline, my hands are tied".
It feels good to know that they weren't out to get us, I just wish they would educate their staff a little better, so that people in situations a kin to ours, don't feel like the world is caving in on them. But, truthfully, finding the right questions to ask came 100% from everyones helpful comments. Without you, we'd still be calling all over, worrying for nothing, and stressing. But with the helpful tips you all provided we were able to get this resolved in less than 24 hours. Thank you all so much!

THANK YOU ALL SO MUCH,
Syd & J.
~"Our only purpose on this earth is to leave behind, a fingerprint on the people that we touched inside..."

More Answers

So sorry for your loss.

In my experience as both an employee and HR representative, insurance companies typically stipulate that additions can be done within 30 days of a qualifying event or at open enrollment. You should have 30 days to enroll your child but the bills from within the 30 days should be covered as well. Since your bills are from within those 30 days, you should be covered.

If I understand what you are saying, they are declining to cover your daughters' portion of the hospital bill for their birth and 10 day NICU stay. Is this correct? I suggest that you contact your HR department head and explain this to them and ask again for thier help. I would also call and ask BCBS if they cover the first 30 days after a child's birth before they are "added" and then go with that. Explain that your bills are from days 1-10 and your girls no longer needed to be added. Therefore, you did not have them "added" after their death since further coverage was no longer needed.

If that doesn't work, contact the insurance commissioner and the press.

Your HR Department should have called you when you missed work due to maternity leave/early delivery. I am sure your supervisor knew why you were out and they should have immediately notified your HR Department who in turn should have send you information regarding insurance (and told you if you still needed to add your girls even though you lost them).

Best of luck to you.

6 moms found this helpful

Get an employment lawyer. You need one quickly.

I'm so sorry about your loss.
D.

3 moms found this helpful

I also work for our employee benefits office and like most have said, the babies should be covered under mom's insurance for the first 30 days and before the 30 days was up they had to be enrolled. I don't know how her policy reads but ours is free for the first 30 days. But under your circumstances I don't understand why there is an issue, the babies were born and unfortunately didn't survive they should still have been covered. I would definately fight someone on this. I am so very sorry for your loss, I pray God give you the healing that you need thru all of this!

3 moms found this helpful

So very sorry about your losses!

Contact your state insurance department. Get help from your state rep or state senator if the dept. gives you the run-around.

If possible, document the times you tried to get the insurance info from your employer. If you can show that you attempted to do this in a timely fashion, that should help. You might, unfortunately, still need a good lawyer.

Is there an ombudsman at AAA? or at the hospital? Contact them.

This is certainly extenuating circumstances, you'd think that everyone could work together to get it sorted out!

Going forward from now, document everything--phone calls, copies of letters, emails, etc. Maybe even have a witness with you if you go in person to talk to people.

Are you in a union, and if so, can they help?

Ask the hospital if they can use Hill-Burton funds to pay some of the expenses. They should know that term.

As another mom said, just pay them a minimum amount to keep them from sending you to collection. When my husband got cheated out of insurance , we paid something every month, and eventually the hospital offered us a deal--they cut the remainder in half if we could pay it all at once. Not saying that will happen, but it might.

Hang in there, I hope things go better for you soon! Hugs to you!

K. Z.

2 moms found this helpful

It's been many years since I worked in HR, but agree with Abbie in that regardless of subsequent enrollment, coverage for the first 30 days is automatic.

Call them back and ask to see the Plan's "SPD", Summary Plan Description. Call the carrier directly and ask as well (their number should be on your insurance card.)

Also, if this Company was aware the twins were born they were required to notify you by mail of your coverage rights. Call the HR department back and talk to the Director.

Don't give up...you have rights.

I'm deeply sorry for your loss. No words can even measure your hurt.

2 moms found this helpful

Honey....I am so sorry. God. I wish every blessing for emotional healing for you.
As a licensed agent in California, I am thinking that this can be resolved.
If you had insurance that covered pregnancy and delivery, etc, you should be fine.
Technically, you have 30 days to ADD a child to your policy, but for the first 30 days, they should be automatically covered under the mother.....delivery charges, etc.
It's AFTER the 30 days that they become separate.
If a baby doesn't survive beyond 30 days, it should be covered.
Please privately message me if you need more help with this. I am in California, but the laws for group health coverage are the laws.
If you were covered for maternity, you should be covered for what happened within a 30 day window of the births.
You need someone who understands how to deal with insurance carriers if you can't get help from your HR department.
I hate to say it, but insurance companies will try to deny claims if they can.
If your policy says you have rights, you need someone to advocate for you.
You should not be going through this unless there is some weird provision in your policy. But anything within 30 days of birth should be automatically covered.
I wish you the best and I believe there might be a way around this depending on your coverage.

Write me privately if you want.

Again, I am so sorry for you loss.
The insurance should be the least of your worries.

2 moms found this helpful

I am so very sorry for your loss and it actually makes me want to cancel my AAA membership. HUGS
Call a lawyer there must be some out there that specialize in something like this. Blue Cross Blue Shield is horrible to deal with at least out here in MA. I would call them constantly until someone there helps you.

1 mom found this helpful

I actually think that they are probably not trying to hurt you and this might just be a misunderstanding. Before you get any more hurt by all the back and forth make an in person appointment with someone at HR. Take your spouse or another support person if needed. I know each AAA is different by state, but when my husband was employed there, they were always most helpful.
Secondly get in contact with your insurer. I know laws regarding insurance vary by state, but here you child is automatically covered under mom's insurance for the first 30 days. Son due to the sad fact that she did not get to live past 10 days, you would have not even had to enroll her.
And then third, if you don't get anywhere, contact a lawyer.

I am so sorry for your loss and that you have to go through this horrible bureaucracy at this time. Good luck!

1 mom found this helpful

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