Legal Question in Employment Law in California
I just started a new job recently, and enrolled in the company's health care plan. After seeing how much it will cost me (it is very expensive), I decided I no longer want the plan and would like to find my own. I asked my HR director to cancel me out of the plan, and I was told that I cannot cancel it until I show proof of coverage of the new plan!
Is this legal? I didn't realize it was illegal to opt to not have health insurance. Can my company really tell me that I cannot cancel the plan?
2 Answers from Attorneys
Labor law are very complex regarding health coverage for large companies. I believe that the company must insure you unless you opt out for another coverage.
There is not a uniform law on this. It is based on the terms of the plan. Most plans do not allow you to add or drop coverage except upon hiring, termination, in the annual open enrollment period, or upon the occurrence of certain events such as marriage, divorce, new baby, etc. If your employer's plan lets you opt-out simply by finding another plan, count yourself lucky.
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