St at e of Wis cons in Ci rc ui t Court Chip pewa County Branch 1 Jeffrey P. Erbs Petitioner vs. CASE NO. 10 F A 11 Mary Ann Erbs Respondent Statement of Facts, Evidence, and Conclusions of Law Re: Show Cause Contempt Comes now, Jeffrey P . Erbs, upon Statement of Facts, Evidence and Conclusions of Law, whereby Jeffrey P . Erbs called Luth er Midelfort Mayo Health System (OptumHealth Financial) on May 2, 2011. He was told that the account is closed, having not been paid since October of 2010. There is a requirement u nder HIP AA/COBRA that Jeffrey P . Erbs' insurance premiums were to be paid up until April 25 th , 2011, to allow him COBRA coverage, this was not done. On January 27 th . 2011 there was a Order of this Court, retro-active to October, whereby Mr. Erbs is not given Notice in a timely manner that his insurance has not been paid. This is not the Error of Mr . Erbs, but is the error of this Court, and or its Actors. The facilitation of this order , disallowed Luther Midelfort the 30 day requirement to serve Notice upon Mr. Erbs as to his status of Beneficiary/Dependent. The facilitation of this order, disallowed and made Impossible Due Diligence of Mr. Erbs, whereby he was never within 63 days of Coverage, when he was served Notice (February 23, 2011 letter, with the post date of March 22, 2011). Mr . Erbs brought this to the Courts Attention in a timely manner, for the firs time at the March 30 th . Hearing, (page 20, line s19-25, and Page 21 lines 9-14) this matter was heard on April 21, 2011, whereby in the Transcript of Proceedings it is clearly noted that Judge Cray maintains an Order of this court, that Jeffrey P . Erbs is, effective Immediately (April 21, 2011) no longer a Beneficiary, maintaining that the parties are Divorced on this date. As Jeffrey P . Erbs stated at the Inception of this document, there was no payment made to repair Jeffrey P . Erbs to Whole, onto this account, whereby now, Mr . Erbs is without insurance, AND outside of the ability to maintain COBRA coverage, due to the Error of this court, and or its actors. Mr . Erbs has pre-existing Conditions. Mr . Erbs has unpaid medical expenses, as Evidenced on Admissions within this case, with Option Open as Mr. Erbs is notified of back charges, reversed charges, and other expenses as they are found by health care providers now, given notice of this lapse in coverage as they are not compensated, whereby they are only recently able to notify Mr. Erbs of these charges due, out of pocket.

ERBS Statement of Facts, Evidence and Conclusions of Law May 2011

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Page 1: ERBS Statement of Facts, Evidence and Conclusions of Law May 2011

8/3/2019 ERBS Statement of Facts, Evidence and Conclusions of Law May 2011

http://slidepdf.com/reader/full/erbs-statement-of-facts-evidence-and-conclusions-of-law-may-2011 1/2

State of Wisconsin Circuit Court Chippewa County

Branch 1

Jeffrey P. ErbsPetitioner

vs.

CASE NO. 10 FA 11

Mary Ann Erbs

Respondent

Statement of Facts, Evidence, and Conclusions of Law Re: Show Cause Contempt

Comes now, Jeffrey P. Erbs, upon Statement of Facts, Evidence and Conclusions of Law, whereby

Jeffrey P. Erbs called Luther Midelfort Mayo Health System (OptumHealth Financial) on May 2, 2011.He was told that the account is closed, having not been paid since October of 2010.

There is a requirement under HIPAA/COBRA that Jeffrey P. Erbs' insurance premiums were to be paid

up until April 25th, 2011, to allow him COBRA coverage, this was not done.

On January 27th. 2011 there was a Order of this Court, retro-active to October, whereby Mr. Erbs is not

given Notice in a timely manner that his insurance has not been paid. This is not the Error of Mr. Erbs, but is the error of this Court, and or its Actors. The facilitation of this order, disallowed Luther

Midelfort the 30 day requirement to serve Notice upon Mr. Erbs as to his status of

Beneficiary/Dependent. The facilitation of this order, disallowed and made Impossible Due Diligenceof Mr. Erbs, whereby he was never within 63 days of Coverage, when he was served Notice (February

23, 2011 letter, with the post date of March 22, 2011).

Mr. Erbs brought this to the Courts Attention in a timely manner, for the firs time at the March 30th.Hearing, (page 20, line s19-25, and Page 21 lines 9-14) this matter was heard on April 21, 2011,

whereby in the Transcript of Proceedings it is clearly noted that Judge Cray maintains an Order of this

court, that Jeffrey P. Erbs is, effective Immediately (April 21, 2011) no longer a Beneficiary,maintaining that the parties are Divorced on this date. As Jeffrey P. Erbs stated at the Inception of this

document, there was no payment made to repair Jeffrey P. Erbs to Whole, onto this account, whereby

now, Mr. Erbs is without insurance, AND outside of the ability to maintain COBRA coverage, due tothe Error of this court, and or its actors.

Mr. Erbs has pre-existing Conditions. Mr. Erbs has unpaid medical expenses, as Evidenced on

Admissions within this case, with Option Open as Mr. Erbs is notified of back charges, reversedcharges, and other expenses as they are found by health care providers now, given notice of this lapse

in coverage as they are not compensated, whereby they are only recently able to notify Mr. Erbs of

these charges due, out of pocket.