Can employer not offer me health insurance because spouse works for same employer?

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Can employer not offer me health insurance because spouse works for same employer?

Both spouse and I work for an applicable large employer. However, employer won’t
offer me insurance because my spouse works for the same employer? Is this legal
under the ACA?

Asked on February 17, 2017 under Employment Labor Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, this is legal, even under the ACA. After all, you have the option of health insurance from your employer: through your spouse. The employer does not need to let you each buy your own insurance, which generally is less efficient for and increases costs and paperwork for them; rather, they can require you to get family coverage under  you spouse's plan (or she to get family coverage under yours)--they can require you to consolidate your coverage in that way. When an employee has the option of being covered under a plan, the employer does not need to let them get separate or individual coverage.


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