What can I do if I started a job 2 years ago and completed a form to waive participation in health insurance but he company enrolled me anyway?

UPDATED: Jan 23, 2014

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What can I do if I started a job 2 years ago and completed a form to waive participation in health insurance but he company enrolled me anyway?

Now I can’t get them to correct the error. I did not discover the mistake until late last year. I am covered in my wife’s qualified high deductible health plan and she contributes to an HSA in the maximum amounts for family coverage. My employer says the insurance company won’t fix the problem but I think my employer is passing the buck. If a signed waiver is on file at my employer, do they have to fix the error and give me proof I never had insurance there? We now have over-contribution to HSA, claims filed and paid by wrong insurance company, distributions from HSA on claims that should have been insured.

Asked on January 23, 2014 under Insurance Law, Missouri


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes. You need to file a complaint against your employer with the Department of Labor after informing them in writing to fix the error, ensure you get credited back for any monetary contributions and so forth. Inform them you will inform the Department of Labor and Department of Insurance. Your employer cannot fire you for this error it made, that would be considered wrongful termination.

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