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Can an employer force an employee to drop group health insurance coverage because the employee is eligible for coverage through his spouse's plan?
No. The employer cannot force you not to take the coverage. However, if you don't want you may have to sign a waiver.
What is Spousal carve out?
Spousal carve out is when an employer has a provision in their health insurance plan by which they deny coverage of an employee's spouse if he/she qualifies for, whether declined by him/her or not, coverage under another plan.
Does an employer have to provide health insurance to your spouse?
The employer does not have to pay for the spouse's coverage. It can be offered to the employee and the cost taken from his/her paycheck to cover the spouse. There is no legal requirement for the employer to offer coverage for spouses -- even at the employee's expense. However, it would be very unusual for a plan to cover only employees and not have coverage available for spouses and children.
Can an employer in NY deny coverage for a spouse is the spouse's employer offers health insurance?
ofcourse!
Can you drop your spouse from your health insurance once the spouse is eligible for medicare?
A person can certainly choose to drop a spouse from their coverage with one exception. If the employer is paying 100% for the employee and spouse then the employee can not opt out of coverage since it costs them nothing. You may be required to show that the spouse has alternate coverage. Check with your HR department or benefits coordinator.
Can your employer's health insurance require your husband to take his employer's health insurance if his is not free and not as good as yours?
My employer requires that my husband participate in his company's health insurance or they will drop him from their insurance. Insurance is a choice offered as a benefit by the employer because the employer is paying a portion of the cost to be insured. You do not have to participate if you don't want to. Also, the question being answered is that can an employer force an employee's spouse to take coverage offered elsewhere: NO. If a company offers a family health plan, they CANNOT specify that a spouse take other insurance if available. They CAN require that if you are declining coverage from them (your own employer), that you show you have coverage elsewhere.
Can your health insurance company force your spouse to take her employer's health plan as primary instead of yours?
Yes, under the standard Coordination of Benefits provisions contained within Group Health Plans, the "rules" to determine which coverage pays first (primary) are clearly stated. Also, a plan can contain a provision that states if a spouse is eligible for coverage as an employee and chooses not to take that coverage, the other plan can deduct the amounts the other plan would have provided (even if the spouse did not elect the coverage).
Can South Carolina employers force their employees to purchase that employer's health insurance even if the employee is already covered by their spouse?
I doubt it. They should be able to waive coverage. See link for citation.
Can an employer deny coverage to spouse who has lost health insurance?
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.
Can an employer legally deny coverage for a spouse if the spouse's employer offers health insurance and the spouse is pregnant?
Generally insurance coverage should be offered to an employees spouse. It does not matter if they are offered coverage from their employer whereas it provides an additional option in case 1 plan is more affordable than the other.
Can your husbands company force you to take insurance coverage from your employer?
They can choose not to provide coverage for a spouse. US law states employers have to provide insurance for employee's children under the age of 26, but does not say anything about spouses, so they can choose to stop covering employee's spouses.
How can one obtain individual health insurance after a divorce?
To continue individual health insurance after a divorce, one can apply for an insurance coverage under the Federal Law COBRA. It means that person will be covered by his/her ex-spouse's insurance plan obtained from the ex-spouse's own company or employer.
