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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.


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