Can a employer force you onto company group healthcare insurance even if you’re already covered by spouse or individual insurance?

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Can a employer force you onto company group healthcare insurance even if you’re already covered by spouse or individual insurance?

My employer just announced all employee’s must enter into company group coverage even if you are already covered by spouse or individual coverage . Can they actually do this in CO The employee will pay 100% of premiums.

Asked on July 21, 2011 Colorado

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I don't see a downside to having double insurance as long as you carefully plan which is the primary and which is the secondary. But to force employees into carrying insurance by paying for it sounds like an obvious labor violation. However, if this is a private company and it requires it for safety reasons, you may be required. Talk to your state's department of insurance. Colorado has some significant information on consumer rights and business requirements. You may find you are not required to join the health insurance plan but must sign waivers for the year before the enrollment time period passes. If you are still concerned, ask your employer to put to statutory authority requiring you to join its health plan. An employer cannot retaliate against you for asking the question, so do not be afraid to ask.


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