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Allen M., Esq.
Allen M., Esq., Attorney
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Experience:  Lawyer and legal specialist.
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I full work at a non-profit org/well funded. Ive had coverage

Resolved Question:

I full work at a non-profit org/well funded. I've had coverage under my husband's insurance for the last year, but want to be on my company's plan now as my husband may lose his insurance. Two of my colleagues are on the plan, but my employer says I missed the open enrollment (which I didn't know w had since there has been no corporate policy/employee manuel, etc.) and have to provide an involuntary loss of coverage certificate to get coverage. I don't want to throw my old shoes away before I get new ones or risk losing my current coverage because it is better than my employers. Can they require that certificate? Can they insist I have no coverage at all to be eligible for their plan?
Submitted: 4 years ago.
Category: Legal
Expert:  Allen M., Esq. replied 4 years ago.
When you miss an open enrollment period, they can ask for that certificate as a means to justify allowing you to enter the program during a non-enrollment period.

It is, in fact, vital that they do so to avoid claims of discrimination from others that they may not allow to enter into the program because they don't have similar circumstances to yours.
Customer: replied 4 years ago.
Yes, but I was never notified of the open enrollment period, nor have I signed a waiver of benefits at the time I was employed (13 mos ago). Can they still ask for it?
Expert:  Allen M., Esq. replied 4 years ago.
Yes, they can still ask for it.

Your lack of notice on open enrollment still does not change the fact that you did not apply during open enrollment.

This is less a punishment for you (in fact, you really shouldn't think of it in that way) and more a legal obligation for the employer to protect themselves from other employees that will not be allowed to enroll outside of the open enrollment period, because they won't be able to match your facts.
Allen M., Esq., Attorney
Category: Legal
Satisfied Customers: 15472
Experience: Lawyer and legal specialist.
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