Can my husband’s employer require every employee to fill out a “mandatory census” for health insurance even if they decline coverage?

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Can my husband’s employer require every employee to fill out a “mandatory census” for health insurance even if they decline coverage?

This census requires employees to create an on-line account and submit SSN , date of birth, previous health coverage, list of medications, conditions, physicians, tests, all hospital stays and surgeries past or future for every dependent in their family. The information is supposedly only going to be used to determine the company’s insurance policy decisions for the coming year. My husband was told that he had to comply even though he has declined health coverage. Can they legally require him to give this personal information?

Asked on July 26, 2011 Missouri

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your husband has declined the benefits of health insurance coverage with his employer he is under no obligation to complete and return a mandatory census even if requested by his employer. The rationale is that since he is not receiving health care coverage through the employer, he is not responsible to complete any requirements to get it or a census requested by the employer.

If the employer continues to pressure him for it, he should consult with a labor attorney or consult with someone with the local department of labor about the situation.

 


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 AttorneyPages.com 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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