Must all employees be offered the same insurance plan?

Get Legal Help Today

 Secured with SHA-256 Encryption

Must all employees be offered the same insurance plan?

I worked for a health insurance company in MA. I live 5 minutes over the border in NH. I am required to pay MA tax. Is the company allowed to offer me only a NH insurance plan, while my MA  resident co-workers are offered MA insurance plans? Shouldn’t we all be offered the same plan regardless of where we live since we all work in the same MA location? I was unable to see doctor’s I wanted to see because of this. The MA insurance plan covered provider’s that my NH insurance plan did not. Is this discrimination?

Asked on May 12, 2011 under Employment Labor Law, New Hampshire

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

This may not be discrimination, since not all insurance plans are accepted in all states; there may also be residency requirements to be eligible for a certain plan. In addition, not all "discrimination" is illegal in employment; a company may not treat employees differently on the basis of a protected category, like age (over 40), sex, race, religion, or disability, but state  residence is not necessarily protected. There may be valid reasons why you can't get the MA plan; and even if that reason is only choice by the company, it's not clear that would be actionable. (Remember also: a company does not need to offer health insuranc at all.)

The first thing to do is to ask--if necessary, the health care provider directly--for an explanation of why you cannot get the MA plan. If you find the answer unpersuasive, then you should consult with an employment or health insurance law attorney, who can evaluate your situation, and possible recourse, in detail.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption