SEPTEMBER 2003 QUESTION OF THE MONTH
Q.
As an employer, I pay the full premium cost of my employee’s
medical insurance coverage. However, several employees have
told me that they have better coverage through their spouse’s
employer’s coverage and don’t need the coverage
that I provide. Can they sign a waiver and not participate
in my medical plan?
A.No. New York State Insurance law section 4235(c)(1)(A)
precludes a waiver of health coverage by the employee if the
employer pays the entire premium for the coverage.
However, if the employer requires any contribution by the
employee towards his or her coverage, the employee may waive
coverage.
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