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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 trying to find out if an employer can charge employees

Customer Question

I am trying to find out if an employer can charge employees for a portion (30%) of their insurance deductible and then the employer would be responsible for the entire deductible. Obviously, there is the possibility that the employee will not need any health services and the employer ends up keeping the 30% without making needing to cover any deductible payment.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns. Please permit me to assist you with your concerns.

An employer can essentially provide personal 'deductible' insurance for their employees. But it would have to be voluntary and not part of a policy since it would appear that the employer is providing this as an option and not as a requirement. An employer has a duty to provide whatever plan they can negotiate as part of their group policy, but have to provide it 'as is'. Any changes, even positive changes, are optional. So while what you are suggesting is not against the law, it cannot be forced on an employee, who can choose to opt out and pay for their own deductibles.

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
The employer "requires every employee" to contribute 30% of their deductible amount back to the employer. The employer pays 100% of all deductibles incurred. I just want to make sure that this is OK, since several employees that do not use their health plan benefits, and are in effect, actually paying for part of some other employee's deductible via their 30% contribution to the deductible pot.
Expert:  Dimitry K., Esq. replied 1 year ago.

No, a 'requirement' like that is a violation since an employee must have choice as far as how they can treat their own insurance coverage. The employer cannot demand additional costs that the insurer is not demanding.

Sincerely,

Dimitry, Esq.