Can I cancel my health insurance through work and purchase our own health insurance without

UPDATED: Oct 1, 2022

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Can I cancel my health insurance through work and purchase our own health insurance without

I was told by my H.R. rep that we cannot just cancel the health insurance without

Asked on December 14, 2017 under Employment Labor Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, you may not. Companies may face scrutiny over employee benefits, especially health insurance: the ACA, for example, can impose penalties on employers who do not provide health insurance, or a failure to provide insurance to some employes but not others could be the basis of one or another discrimination claims. If employees do not have any insurance, that may appear at first glance, before anyone investigating digs into the facts, to be because the employer discouraged or prevented them from taking the coverage. The employer therefore has a legitimate interest in making sure that employees have other coverage before dropping employer coverage, since employees having other coverage will help protect the employer from suspicion that it is violating its own obligations. Therefore, they can legally require this.

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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