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re: Health Benefits - New Policy on Spouses

Posted on 10/23/12 at 12:22 am to
Posted by frb1951
Member since Apr 2012
60 posts
Posted on 10/23/12 at 12:22 am to
quote:

...and I was notified if my spouse has available health insurance benefits and chooses to stay on my plan....


I think the answer here lies with your wife's company, and it may very well be "no". Seems your company is asking does your spouse (at this time) have available health insurance benefits? The fact that she had benefits available to her several years ago and whether they are available to her today are two different issues. Because it is open enrollment for your company, it doesn't necessarily mean that your wife's company will immediately offer the insurance benefits she turned down several years ago. I doubt that they would. If that is the case, then you shouldn't owe the $600 per year. If you would terminate employment at your company, then a "life's event" would have occured that would automatically make your wife eligible to be insured under her employer's health insurance but that hasn't happened.

quote:

1. Is it legal to do this in Louisiana?


Contact the Louisiana Department of Insurance. They can answer the legalities of the situation.

I would definitely get something in writing if her company will not allow her immediate coverage.

All of the above statements are subject to the new Health Act rules and regs which are constantly being updated (daily). The new Health Act could be the very reason your company is seeking new options insofar as covering spouses.

Several years ago, an employer with fewer than 50 employees terminated their (small employer) group insurance plan because the spouse of one of their employees became ill with lung cancer. The insurance agent then sold individual policies to all of the employees and spouses except for the employee who had a spouse with cancer. He was sold a policy. She was not. So I do feel it's better for employees to be covered under a large employer's plan....that may change, however, if the Health Act is not repealed.

The above is not to say I don't blame your employer to charge the extra $600 per year though, however, the legality of it is a good question to want answered!
Posted by matthew25
Member since Jun 2012
9425 posts
Posted on 10/23/12 at 1:12 am to
I agree with frb. My spouse does not have insurance available to her, due to upfront negotiations, and we have the offer letter in hand stating that fact.
Posted by Newbomb Turk
perfectanschlagen
Member since May 2008
9961 posts
Posted on 10/23/12 at 10:01 am to
quote:

Seems your company is asking does your spouse (at this time) have available health insurance benefits?


Our language -- at least the form we are required to sign -- is much broader. It basically asks "Does your spouse's employer offer health insurance for its employees?"

I doubt very seriously if any employer puts some sort of ridiculous limitation like "is your spouse eligible AT THIS TIME to obtain health insurance from her employer." That would be stupid.

As long as she's eligible under the plan -- whether or not she agreed to VOLUNTARILY contract herself out of actual coverage -- will be the deciding factor. And, if you try to parse words ("is" really does mean "is" Dorothy) you will get burned in the long term -- regardless of the letter you may have from her employer.

quote:

I agree with frb. My spouse does not have insurance available to her, due to upfront negotiations, and we have the offer letter in hand stating that fact.


When it comes to this issue, I can assure you that your wife's offer letter is completely irrelevant. Voluntarily declining coverage has nothing to do with whether she's eligible for coverage.
This post was edited on 10/23/12 at 10:02 am
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