How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq., Attorney
Category: Legal
Satisfied Customers: 18814
Experience:  Lawyer and legal specialist.
20011183
Type Your Legal Question Here...
Allen M., Esq. is online now
A new question is answered every 9 seconds

I full work at a non-profit org/well funded. Ive had coverage

This answer was rated:

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?
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 6 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?
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. and 2 other Legal Specialists are ready to help you

Related Legal Questions