Is it legal to increase my health insurance deductions without telling me?

UPDATED: Aug 15, 2012

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Is it legal to increase my health insurance deductions without telling me?

Asked on August 15, 2012 under Employment Labor Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No increases may be made during a plan year--the insurance policy is a contract, and the cost to you may not be increased mid year unless you agreed to such increase, with two exceptions:

1) If the plan itself provided for increases in certain circumstances, and those circumstances were met (i.e. you essentially agreed in advance to increases); or

2) If there was some life change on your part (e.g. marriage; birth of a child) which meant that your coverage changed (e.g. to married or family) necessitating an increase.

At the end of a plan year, during the open enrollment season, premiums (including deductions from your check) can increase, but you have to be given notice of the proposed increase, so you can elect whether or not to take the insurance. Of course, if they provided said notice (i.e. sent you documents explaining it), then even if you happened to not notice it in the documents they provided, the increase would be legal.

Therefore, the answer is that generally no, there cannot be an increase without notice--but there are some specific circumstances under which it is legal.

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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