Dear Mark Wagar, President, Empire BlueCross BlueShield,
Thank you very much for your timely letter, which arrived on December 28, 2010, informing me that as of January 1, 2011, Empire BlueCross BlueShield will no longer support my current health plan, the Empire Total Blue Option 1. This provides me ample time to research the alternatives to find the health care plan that is best for me.
I duly note the plan you recommend for me going forward, Empire Total Blue Option 2, and will research the pros and cons of this recommended health care plan for 2011, along with other options that I find on my own, between today and tomorrow, which are the last two days of the year before my current plan, Empire Total Blue Option 1, expires.
You mention in your letter, conveniently scanned and illustrated below for your reference, that your 3 day notification of a change to my health care coverage is permitted by “Section 3221(p)(3)(A) of the New York Insurance Law”.

I tried to google “New York Insurance Law Section 3221″ to try to familiarize myself with Section 3221(p)(3)(A), but could not find the fine print outlining your right to terminate my plan with under 5 business days of notice. So I contacted the New York State Insurance Department to see if they can help me familiarize myself with Section 3221(p)(3)(A). Their initial response (on the same day I submitted my question, I might add) is as follows:
Dear Mr. Cervieri,
You have reached the Health Inbox at the NYS Insurance Department.
I encourage you to file a formal complaint with the Insurance Department’s Consumer Services Bureau (CSB). Due to the time sensitive nature of your issue, you may want to call them directly at 1-800-342-3736.Formal consumer complaints may be filed either online or through the mail.
To file an online complaint, please go to the “How to File a Complaint” page of the New York State Insurance Department’s Website:
http://www.ins.state.ny.us/complhow.htm.
Please follow the instructions to submit the complaint form needed for the filing.
If you prefer to file on paper, please compose a detailed complaint letter, taking care to express all of your concerns and pose all of your questions. Then sign it, add clear copies of any material you wish to accompany your letter, and send it to:
New York State Insurance Department Consumer Services
One Commerce Plaza
Albany, NY 12257Original hard-copy complaints or supporting documentation to complaints filed online can be faxed to (212) 480-4735. (The main fax processing unit is in the Manhattan office.)
Once you have filed a complaint, any additional information or inquiries should be directed to the Consumer Services Bureau. They will contact you for more information, if necessary, or when they arrive at a determination.
We hope this information proves useful. Please do not hesitate to contact us with any additional questions or concerns.
Sincerely,
New York State Insurance Department, Health Bureau
Mark, I’ll give them a call and keep you posted with updates.
Thanks again for your thoughtful letter, which arrived over the holidays, concerning my health coverage for the new year. I would wish you a merry Christmas, but seeing as Christmas has already passed, I guess I can wish you a happy new year to you and your family in 2011. I’ll be thinking of you pretty much from day 1.
Thanks again for thinking of me over the holidays.
Hugs and Kisses,
Peter
P.S.: I’m sort of excited for my first ever adult healthcare moment, whenever that may be. If this experience is any indication of things to come, I feel extremely confident that Empire BlueCross BlueShield will absolutely have my back when it comes to providing the best care possible and taking care of my expenses. And given the personalized nature of your Christmas letter to me, I can breathe a little easier knowing that you’ll probably take a personal interest in my case when that moment arrives.

