Can insurance company deny you special circumstance coverage?

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I changed jobs and my new employer offers health coverage with the waiting period of 90 days, however, I took the job with a condition that they will cover me right away (since I have diabetes). My company's home office is out of town, so all the paperwork was done through the mail. I filled out all the applications and sent them to the HR. Two weeks later they started to deduct my portion of insurance from my paycheck on pretax basis. I didn't think much about it until I had to see a doctor. I realized that I didn't have any information. When I called HR they said that the cards are on their way, but when I received them they showed that I was covered effective 90 days from my hire date. I called HR right away and they said they had a problem getting my coverage under the special circumstances, but they are working with Blue Shield to add me retroactively. Needless to say that nothing happened and until now I'm uninsured. I have a feeling that since I had Blue Shield coverage from my old employer and they know that I'm diabetic they are hesitating to add me. They will stick to the company policy of 90 day waiting period and once I have the 60 day gap in coverage they will deny all my claims. I don't know what to do and I don't know if Obama-care changed the 60 day gap rule. Did anybody have that problem before and does anybody know what I can do?

Can insurance company deny you special circumstance coverage?