Can a college force a student to remain on the college’s health plan?

UPDATED: Oct 9, 2011

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Can a college force a student to remain on the college’s health plan?

My school automatically enrolls students in their health care plan and they require a waiver for those who already have insurance. I already have adequate health insurance but unfortunately past a certain date I can no longer waive myself from the program and so I will have to pay for all 3 quarters for insurance I don’t need. Do they have a legal right to force me to remain on the plan and pay for it? Is there anything I can do to not pay $2,400?

Asked on October 9, 2011 under Business Law, Illinois


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Most likely the enrollment agreement that you signed sets forth the conditions for attend the college you attend as well as the health insurance program. If so, you need to carefully read the enrollment agreement as well as all other documents you have (signed or not) concerning your college's health plan.

The reason for this is that the documents control the obligations owed to you by your school and vice versa in the absence of conflicting state law. Your school has the desire that you have health insurance while attending it for your best interests.

As such, your school can set forth the conditions for the health plan and ways to opt out. Unfortunately it appears that you failed to timely opt out of the health program at your school and as such, you seem to be obligated to be in it for the rest of the school year.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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