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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 41220
Experience:  I provide employment and discrimination law advice in my own practice.
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I am over 65 and have a new job. My firm offers health benefits,

Customer Question

I am over 65 and have a new job. My firm offers health benefits, including dental. I am on medicare but have no dental coverage. The firm's insurance company, Aflac, refused me coverage due to my age, citing Calif. law that prohibits them from selling policies to people 65 and over. Questions: Is Aflac allowed to deny me coverage due to my age? Also, is my employer required to offer me insurance coverage equal to that of employees not on medicare and/or the financial equivalent of what it pays towards coverage of younger employees? Or, in the alternative, is my employer required to offer me partial or full reimbursement of my medicare costs up to the maximum paid toward younger employees' premiums? In a previous job I had a similar situation; I was on medicare so my employer did not pay towards my premiums although it paid a portion of younger employees' premiums. Thanks very much. - John
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question, John. Please permit me to assist you with your concerns. To ensure that I do not miss anything, I will go point by point with my responses. You asked:Questions: Is Aflac allowed to deny me coverage due to my age?Yes, they are. There is a misconception that since the Affordable Care Act became law, insurance companies must insure. While it is true that they cannot deny due to past medical history, if they do not offer insurance in your age group, they do not have to extend you insurance. Since other policies exist, such as Medicare, they are not required to keep you on the policy. Also, is my employer required to offer me insurance coverage equal to that of employees not on medicare and/or the financial equivalent of what it pays towards coverage of younger employees?No, they are required to help assist with insurance options, but they cannot make their insurance company extend you coverage. Or, in the alternative, is my employer required to offer me partial or full reimbursement of my medicare costs up to the maximum paid toward younger employees' premiums?No, I am sorry, but I do not see that as law in any stature or case law. In a previous job I had a similar situation; I was on medicare so my employer did not pay towards my premiums although it paid a portion of younger employees' premiums. I am sorry, I truly am, and while I personally think you have a basis to argue that you are not being treated fairly, this is a matter for legislation rather than employment--you might want to contact your state and federal representatives and ask them to consider drafting law that would cover someone in your unique position. Sincerely, ***** *****
Customer: replied 1 year ago.
I am surprised by the response regarding employer not required to reimburse a portion of the cost of my medicare policy since it appears to mean the firm can treat me differently due to my age. What is the case law on this? Your answers are not supported by citations and do not appear to relate specifically to Calif. law. Look forward to your response. Thanks.
Expert:  Dimitry K., Esq. replied 1 year ago.
Hello, That is exactly the point, there is no case law on this as yet. An employer due to the loophole can treat differently because the employer can argue that you can go fully on Medicare and no longer make the employer responsible for your medical insurance expenses. That is why I suggested legislation since the current laws do not directly refer to, or cover someone in your position. Sincerely, ***** *****
Customer: replied 1 year ago.
Obama care aside, the does not employment law require equal treatment regardless of age, gender, race, etc. Am I not a member of a protected class? Legislation might remedy its flaws, but it does not address applicable current law now or breaking of such and seems like a boilerplate response, no offense intended. What is the loophole to which you refer, please cite. Thanks.
Customer: replied 1 year ago.
still there?
Customer: replied 1 year ago.
BTW, as per your disclaimer, I want to remain anonymous.
I seem to have lost you.
Please respond, thanks.
Customer: replied 1 year ago.
I will log off in five minutes if I do not hear from you, thanks.
Expert:  Dimitry K., Esq. replied 1 year ago.
Hello, My apologies on the delay, you did lose me for a bit, for which I do apologize. Do you still wish to continue at this time? Please advise!