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  1. #1
    Join Date
    Aug 2011

    Angry Employer forgot to sign me up for health insurance, now I must pay for last month

    What is the name of your state (only U.S. law)? North Carolina

    Apparently, my health insurance was supposed be affective on July 1st, 2011. I was unaware of this because this date was prior to my 90 days (I was told I would be eligible at 90 days- started April 18th). I went to two doctor's appointments in July and paid out of pocket for the visits and prescriptions (approximately $300).

    I mentioned to my team coach that I had to pay out of pocket for my visit and suddenly I had insurance sign up information on my desk the next day. Now, I have to pay for insurance from July, though I did not sign up for it until the end of July. A girl who started the same day as me had to do the same thing. Is this legal? Can they make me pay for a month I did not sign up for and was not made aware of? Sorry for the poor grammar.

  2. #2
    Join Date
    Nov 2001
    Yes, actually, they can.

    The rules for when an employee can come on and off an employer based medical plan are set by Federal law. When you are a new hire, either you come on the plan the first day you are eligible or you do not come on until open enrollment. Period. No exceptions. That is determined by IRS regulations, not by your employer. It is not even remotely unusual for a new employee's first month of coverage to be retroactive.

    If you paid out of pocket for medical care that would have been covered by the insurance, then apply for reimbursement from the insurance carrier. Trust me, you won't be the first to do that. You probably won't even be the first person today to do that.

    Two things I am tired of typing: 1.) A wrongful termination does not mean that you were fired for something you didn't do; it means that you were fired for a reason prohibited by law. 2.) The above answer, whatever it is, assumes that no legally binding contract or CBA expressly says otherwise. If it does, the terms of the contract apply.
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