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LawTalk
LawTalk, Attorney
Category: Employment Law
Satisfied Customers: 35720
Experience:  30 years legal experience and I keep current in Employment Law through regular continuing education.
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Can an employer only offer medical coverage as HSA and tell

Customer Question

Can an employer only offer medical coverage as HSA and tell employees 65 and over that they are not eligible for the coverage because they have Medicare Part A? There is no other plan available for the 65 and over employees.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Georgia
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Full time
JA: Anything else you want the lawyer to know before I connect you?
Customer: It there a notice requirement. We just went through the Open Enrollment meeting. Our notice period was 15 days. The plan is self funded.
Submitted: 2 months ago.
Category: Employment Law
Expert:  LawTalk replied 2 months ago.

Good morning,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. I have been a licensed attorney for more than 3 decades. Please don't confuse excellent service with a satisfactory outcome based on your wants and desires. I can only explain the law to you---not guarantee that you will be happy with the outcome---any more than a cancer surgeon can guarantee a cure.

Under Medicare Laws and in coordination with HSA laws, a person over the age of 65 is not eligible to establish a HSA and it is illegal for an employer to continue to maintain an HSA account for any employee once they turn 65 years old.

If the only medical-type plan your employer has is the HSA, then you will be left without any health-type benefit once you turn 65. You can however, ask your employer for a raise of income to make up for the fact that the benefit available to most others will be denied to you.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please know that I answer your questions in good faith, providing you with the information that you ask for, and I do that with the expectation that you would act likewise, and rate my service to you. Rating me costs you nothing as you have already paid the deposit for my help. All rating does is ensure that I am paid for my time in working with you. So, please do be sure to rate my service to you. Thank you in advance for your positive rating.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 2 months ago.

Hi,

It is possible that your questions and issues might be better served by an in-depth conversation with me. If you are interested, for a very nominal charge I can offer you a private phone conference.

Please know that I answered your question in good faith, providing you with the information that you asked for, and I did that with the expectation that you would act likewise and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you so I can be compensated for assisting you? Rating me costs you nothing as you have already paid the deposit for my help. All rating does is ensure that I am paid for my time in working with you.

Thanks in advance for your rating of my service, It is greatly appreciated,

Doug

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