Maryland Insurance Question

I've been approved and I should be yelling YAY from the rooftops..but...Aetna told my surgeon's office that if my employer (a VERY large corporation) didn't purchase the rider to cover the surgery after 1/1/2005 - it wouldn't be covered then. Of course it's too late to get the surgery before 12/31. I contacted my hr department to find out if they did, in fact, decide to NOT purchase the rider and hope to hear back soon. I also called Aetna, and of course, the nurse who took care of my file is on vacation today and will be back tomorrow. I left a message for her backup to call me back. This is my question - since I live in Maryland, and my employer is based in Maryland, isn't Aetna supposed to cover this surgery since they have deemed it medically necessary? Help if you can! Thanks!

Is the plan self funded? Then Federal law would apply, if not then yes State law would apply and the exclusion could be avoided. Also, is there a time limit on the approval or certification that would let you slip slightly into 2005?

Well, it turns out that this plan IS self funded...but we have another plan which is not. I will be talking with my benefits person tomorrow and might have to switch. I feel lucky that I have another insurance option - the only downside is that I might have to switch surgeons also - but I'll deal with that. Thanks for the response!