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Brandon, Esq.
Brandon, Esq., Lawyer
Category: California Employment Law
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Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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Is an employer required to offer a medical insurance policy

Customer Question

Is an employer required to offer a medical insurance policy for a single person or is it perfectly legal for single people to be required to pay for the family group rate.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Brandon, Esq. replied 1 year ago.

Employment-LawExpert :

Hello and thank you for your question today

Employment-LawExpert :

Are you online with me?

Employment-LawExpert :

Employers who do offer health insurance benefits may have a standard plan for all employees or may offer each employee the same amount of dollar benefits and permit the employee to select desired benefits from a “menu” of options offered by the insuring company. For all plans, all employees must be treated equally; however, an employer may offer different insurance plans to different groups of employees, such as production versus managerial employees, so long as that distinction is not based on any “protected class” considerations. An employer may also establish a weekly work hour threshold concerning eligibility for such benefits. So, in short, they cannot deny you the single rate, if they are offering it to someone else. If they do not offer it to anyone else, however, they may be able to do this, as long as all employees are treated equally. However, starting in January 2014, this will change and they will be required to offer the single rate.

Employment-LawExpert :

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further. If you do not require any further assistance, I would be most grateful if you would remember to provide my service a positive rating, as this is the only way I will receive credit for assisting you.

Expert:  Brandon, Esq. replied 1 year ago.
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Expert:  Brandon, Esq. replied 1 year ago.

Employers who do offer health insurance benefits may have a standard plan for all employees or may offer each employee the same amount of dollar benefits and permit the employee to select desired benefits from a “menu” of options offered by the insuring company. For all plans, all employees must be treated equally; however, an employer may offer different insurance plans to different groups of employees, such as production versus managerial employees, so long as that distinction is not based on any “protected class” considerations. An employer may also establish a weekly work hour threshold concerning eligibility for such benefits. So, in short, they cannot deny you the single rate, if they are offering it to someone else. If they do not offer it to anyone else, however, they may be able to do this, as long as all employees are treated equally. However, starting in January 2014, this will change and they will be required to offer the single rate.


Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further. If you do not require any further assistance, I would be most grateful if you would remember to provide my service a positive rating, as this is the only way I will receive credit for assisting you.

 

Have a wonderful rest of your day.

Customer: replied 1 year ago.

Are you saying that January of 2014 they must offer a single policy. Since I work for a school district, my year runs from July 2013 to June 30, 2014. Will they be required to change January 2014?

Expert:  Brandon, Esq. replied 1 year ago.
Yes. Under the Affordable Care Act, starting January 1, 2014 your school district will be required to provide you with an individual market policy if you so choose. This, however, can be subject to any waiting period set up through the insurance provider. At this time, your employer must give you notice about the availability of an insurance exchange. Failure to do this could result in them receiving significant fines.
Expert:  Brandon, Esq. replied 1 year ago.

I wanted to write to check up to see if you had any additional questions or concerns concerning your question. If you do have additional questions or need additional clarification please do not hesitate to ask. Please remember that I do not know what you may already know or with that you need help with unless you tell me. If you have not provided a positive rating because you would like a different expert to answer your question, please ask and I will opt out of the question so that another expert may answer. If, however, you found the information helpful to you, please do not forget to provide me with a positive rating by clicking on one of the happy faces, or I will not receive any credit for my time in trying to assist you. Please keep in mind that even after a rating has been issued you can continue to ask questions related to the original post and I will be happy to answer them. If for some reason the rating feature is not working or you cannot find it, please write me back and let me know. Please remember that when you are asked to give a rating, you are rating My Service and not this website itself or the law as it applies to your case. I wish you all the best in 2013.

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