Can an employer legally opt an employee into an insurance contract by default?

UPDATED: Jan 6, 2014

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Can an employer legally opt an employee into an insurance contract by default?

Since she already had insurance can they hold her to this second plan? By way of background, my wife turned 26 4 months ago and was removed from her father’s insurance and placed on my coverage through my employer. She works for a health insurance company and when she started, we opted her out of insurance through her work. However this month they sent her cards and said that since she didn’t opt out this year she was automatically enrolled. I told them she already has insurance through my work and I can’t pay for this second policy. They are saying that I can’t drop it.

Asked on January 6, 2014 under Employment Labor Law, Pennsylvania


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No employer can force you to sign up for medical benefits. If you are covered by a spouse, for example, there may be no need for you to sign up for your company's insurance program.

It may be required for you to sign a waiver stating you are refusing the insurance offered by your employer. This is usually accompanied by a statement stating that you are fully insurable within your first 30 days of employment. If you choose to participate in the insurance program after your inital 30 day employment period, you may be subject to a physical and / or other medical tests.


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