As a resident of one state should I be covered/protected bythat state’slaw even though I work in another state?

UPDATED: Jan 19, 2011

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As a resident of one state should I be covered/protected bythat state’slaw even though I work in another state?

I live in NH; work on MA. NH passed a law requiring healthcare insurance providers to cover the cost of hearing aid devices. I currently work in MA and am insured by HMO Blue New England. HMO Blue NE indicates that they will not honor the NH law even though I reside in NH. As a resident of NH should I be covered/protected by NH law and thus, doesn’t the insurer have to honor this law (BTW, I also will obtain treatment in NH).

Asked on January 19, 2011 under Insurance Law, New Hampshire


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Here is the thing: your employer negotiated the health insurance contract with the health care provider based upon the law of the state in which the employer is located, I am sure.  And since the health insurance coverage amount  - premiums for employer and employee  - is based upon those negotiations and those quotes, I can see why the HMO Blue of New England will not pay for the additional coverage.  It may boil down to how the contract was negotiated.  In other words, did they know that there were employees that did not reside in Massachusetts and that lived in other states and would they be effected by a change in the health care law?  Then you may have an argument here.  Seek some help from an attorney in your area.  Good luck.

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