If my wife and I both work for companies that offer health insurance plans but i give mine up, can her plan exclude me?

She covers herself and our 2 kids under a family plan. I am covered under my company’s plan as a single person. We both pay a portion of the coverage out of our paycheck. My wife’s company will not cover me under the family plan as I have access to my companys plan. If I were to go under her plan, I would not have to pay for my company health care plan and there would be no added expense on her side as we are already paying the family rate. Is it legal for them to operate this way?

Asked on October 17, 2014 under Insurance Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Sounds to me as if you are being in some way discriminated against by your wife's employer and treated differently that other spouses just because your company offers health insurance coverage as well. I think that you should speak with some one about the issue.  Good luck.


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