Can I still be on my husband’s health insurance when my new job also offers health insurance?

I was offered insurance that I turned down and now my husband’s employer is telling me that I can no longer be under his insurance.

Asked on October 26, 2011 under Employment Labor Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

This is not a legal question, per se; it is a contractual one.

The law does not require that any individual who has access to employer-provided health insurance must get the insurance through his or her own company, rather than through a spouse's employer. However, it is legal for the employer provided health plans to provide that if the spouse or other family member (e.g. child) has insurance through another source, they must use that other source, rather than be on a couple or family plan with the employee. Therefore, you need to reference the contracts, policies and other documents governing your employer's health plan, to see what is required of you.

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