Must all employees be offered the same insurance plan?
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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 13 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.
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