Is it legal to increase my health insurance deductions without telling me?

Asked on August 15, 2012 under Employment Labor Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No increases may be made during a plan year--the insurance policy is a contract, and the cost to you may not be increased mid year unless you agreed to such increase, with two exceptions:

1) If the plan itself provided for increases in certain circumstances, and those circumstances were met (i.e. you essentially agreed in advance to increases); or

2) If there was some life change on your part (e.g. marriage; birth of a child) which meant that your coverage changed (e.g. to married or family) necessitating an increase.

At the end of a plan year, during the open enrollment season, premiums (including deductions from your check) can increase, but you have to be given notice of the proposed increase, so you can elect whether or not to take the insurance. Of course, if they provided said notice (i.e. sent you documents explaining it), then even if you happened to not notice it in the documents they provided, the increase would be legal.

Therefore, the answer is that generally no, there cannot be an increase without notice--but there are some specific circumstances under which it is legal.

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