American Capital Health Non-Payment of Renewals Breach of Contract

[Robin Alexander]

I want everyone to know that the NYC Insurance agency "American Capital Health" has committed a breach of contract. They have refused to remit my Medicare Advantage Empire BC/BS renewal commissions. To date they owe me approx $1,000. By the end of the year they will owe me $2,000. That may not sound like much but this is Medicare! Clients stay with their plans when they are good and in 10 years, my renewals will add up to approx $20,000! There are many other agents who were duped for a lot more commissions than I was and they have decided to just walk away for whatever reason or other. The contract was drawn between myself and American Capital Health. It was my first foray into Medicare sales and the owner, Joy DaCosta Fasciglione caught me unawares. It took approx 4 months for her to release my first payments after weeks and months of emails, calls, pleading, demanding. Then...it took months to receive a copy of the contract. (I asked for a copy when I was first appointed and she hemmed and hawed).
I've begged for help from Empire BC/BS, NYS Dept of Insurance, CMS, Attorney General's Office, Consumer's Reports, and various Radio and TV stations to no avail. Empire claims their hands are tied because the contract is between myself and the agency. The Better Business Bureau finally posted a complaint after many weeks. I have a date set in December, 2012 with NYC small claims court. I have my doubts as to whether she will even bother to show up. Perhaps she will, with more tricks up her sleeve.
Please everyone out there:
1) Spread the word to never sign with American Capital Health.
2) Let me know of any media organizations I can contact
3) Lend me any advice as to how to take best advantage of my "day in court" in December. I'm concerned that Joy DaCosta Fasciglione will attempt to try another "fast one" on me.

Thanks!
Robin

 

[Norwayguy]

Why are you calculating your MA commission out to 10 years. I thought CMS limited commissions to 6 years. I know this is a tough lesson to learn about assigning commissions. A lot of us have been there and never assign commissions. Think about it what business wants the added hassle of tracking commissions when they can have you paid direct and collect thier override from the carrier unless they want to screw with you down the line.

The bad news is the DOIs and carrier will not normally help in these situations. Did you check to see if you did not sign away your right to sue in NY? Most contracts make you file in thier state (not sure where this agency is located)

Another tip is to always get a copy of the contract before sending it back, and if your at say a restraint most smart phones have apps that turn the camera into a scanner.