No, an employer cannot harass their employees into dropping coverage. It is not the employers business to get involved in the personal insurance details of their employees.
Assuming the employer offers coverage to spouses, then the employer would not have the right to turn a spouse away. The spouse's loss of coverage is a "qualifying event" and the employer's insurer would allow the spouse to join.
In a health plan with multiple options, the health coverage that is considered to be in effect on the day before the qualifying event is the option the employee previously selected. If the employer offers participants a choice among indemnity coverage, PPO coverage, or HMO coverage, and the qualified beneficiary elected HMO coverage for the plan year in progress at the time of the qualifying event, the qualified beneficiary generally may not change to the indemnity or PPO coverage at the time of the COBRA election. Even if the PPO and indemnity coverages are separate plans, the qualified beneficiary did not have coverage under them at the time of the qualifying event and cannot continue that coverage. At an annual enrollment period occurring during the continuation period, however, the qualified beneficiary will be entitled to switch options in the same manner as an active employee and could then elect the PPO or indemnity coverage in place of the HMO coverage. (Qualified beneficiaries' election and enrollment rights are different in some circumstances, so ask about that if you are considering the rights of dependents rather than the ex-employee alone.)
Yes, you can drop your coverage whenever you have a qualifying life event. You will lose any money in your Section 125 that you do not use before the end of the qualifying time period.Ê
Your employer can not legally force you to insure anyone unless the employer is in possession of a court order that requires the employer to keep this coverage in place. In going thru this issue before the HR department said that: There needs to be a "qualifying event" http://www.dmhc.ca.gov/library/faq/coverage/cal-cobra.asp#small to be able to drop coverage. However, qualifying event refers to GETTING or enrolling for coverage, NOT taking coverage off. The Blue Cross Manual says "Employees may be deleted from the plan due to termination of employment, ineligibility for coverage under the plan or when the employee does not wish to continue coverage regardless of his/her employment status and/or eligibility." Ask the Employer or Insurance Company to cite the law or their manual. It appears they are confused between getting coverage midyear and taking coverage off. CA Insurance Code 10700 et etc. applies to GETTING coverage - not taking it off at the employees request http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ins&group=10001-11000&file=10700-10701 For more information see www.SteveShorr.com/ic.10700.htm
qualifying event
In the event whereas an employee neglectfully causes damages or loss to company properties, they can be made to compensate their employer. R Layne,
Maybe. What does their agreement with the Insurance Company say? Employment manual? Are other dependents covered for other employees? Open Enrollment? Qualifying Event? For more info see www.SteveShorr.com
An employer can dismiss an employee at any time for any reason or no reason, except when the firing violates a statute or contract.
Masters Qualifying Event was created in 1990.
Masters Qualifying Event ended in 2009.
All policies have specific rules for adding dependents. The general rule is either at open enrollment or when there is a qualifying event. That event might be loss of previous coverage, new birth or adoption etc. You are generally not allowed to add a dependent at will. One of those circumstances must be the reason and each has a specific time frame that must be followed. If you do have a qualifying event and your employer is refusing to add your son call your state Dept of Insurance.
Yes, COBRA (Consolidated Omnibus Budget Reconciliation Act) is a law that provides certain employees and their beneficiaries the right to continue their group health coverage at their own expense after experiencing a qualifying event, such as termination, reduction of work hours, or a life event like divorce or death of the employee.