Can an employer legally require my spouse and I have lab work performed to obtain/maintain offered health coverage?

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Can an employer legally require my spouse and I have lab work performed to obtain/maintain offered health coverage?

My company was recently acquired by another company. The new employer if offering health coverage but requires participants (existing employees) and their spouses (including domestic partners but excluding children) to under go lab work at only their “approved facilities” within 90 days of signing on. If the lab work is not completed within the 90 day period the coverage is terminated.

Asked on March 18, 2012 under Employment Labor Law, Pennsylvania

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

This does not appear to be constitutional especially if the prior insurance company had no such requirement and it appears to be some sort of method of eliminating those with pre-existing conditions. Put the burden back on the employer and indicate what statutory authority allows the new employer to require such testing prior to continued coverage. Then file a complaint with the state department of insurance and make sure you include all communications that show this provision. It may be something of an audit issue but again it appears to be a method of prohibiting coverage for those with pre-existing conditions.


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