Can my employer impose a surcharge on my medical insurance premium for not having a physical.

UPDATED: Oct 17, 2017

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Can my employer impose a surcharge on my medical insurance premium for not having a physical.

The company I work for charges a surcharge every pay period for smokers and I know this is legal in Missouri, but now they are saying anyone not having physical will be charged an additional surcharge.

Asked on October 17, 2017 under Employment Labor Law, Missouri


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, they can impose this surcharge. The law allows an additional cost or charge on those who do not take reasonable and mandated actions, like getting an annual physical, which can help reduce medical expenses (e.g. by spotting problems before they get serious). Remember: your employer does not need to provide insurance at all; if they choose to do so, they may put in place reasonable, non-discriminatory rules to moderate their costs.

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 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.

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