Can a company health plan refuse to cover a spouse of an employee because he/she is working for another company and is not covered there?

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Can a company health plan refuse to cover a spouse of an employee because he/she is working for another company and is not covered there?

Asked on November 7, 2012 under Employment Labor Law, North Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country if an employer offers certain benefits to an employee such as health care where the spouse could possible be covered under the plan at the employee's expense as opposed to the employer's, there is nothing illegal if the health care provider refuses to cover the non-employed spouse under the subject insurance policy.

Insurance companies are free to contract with whomever they wish to for a policy of insurance.


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