New "Health Assement" policy

[gewb]

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

Today I received an edict from my employer stating all employees MUST subscribe to an insurance company health monitoring/maintenance service (part of the company's Health Assessment Requirement) even if the insurance company isn't the employee's provider!

If an employee does not subscribe to the service, the employee will be denied health insurance coverage as of this fall. Can the employer legally do this? (Note this is a new condition of employment – it was not in effect when I joined the company.)

Here is a portion of the directive:

"In fact, we believe so strongly that it can be the basis of your future good health that to be eligible to enroll for health coverage under an ACS medical option for 2009, all U.S. employees MUST complete the assessment.

In other words, employees who do not complete the Health Assessment by October 31, 2008 will not be eligible to elect medical coverage for 2009. Employees who do not complete the assessment by the deadline will not be able to enroll themselves or their family members for medical coverage during annual enrollment for 2009 benefits."

And from the FAQs:

"Question
I have medical benefits today and don't want to change any of my elections; do I have to take the Health Assessment?

Answer
Yes, every employee who wants to have medical insurance in 2009 must complete the Health Assessment.


Question
...what happens if I miss the deadline?

Answer
...If you don't complete the Health Assessment, when Annual Enrollment starts on November 5th, your Medical benefits section will not have any choices and you will be defaulted to Waive Coverage."

Last year the company had a similar "service" they automatically subscribed us to – they harassed me twice a month to sell me stuff. I had to get terse and threaten legal action to get them to leave me alone (I never requested their service). This time my employer is offering a choice: sign up for the "service" with the insurance company we want or lose your coverage, even if the insurance company is not your provider.

Can they legally do this?What is the name of your state (only U.S. law)?

 

[Beth3]

If they amended their Group Health Plan Document to include this as an eligibility requirement, yes, they can do this for those enrolled in their health plan. For non-enrolled employees, they can make it a condition of employment. All they're asking is that employees complete a health assessment. Given the staggering cost of providing medical insurance, lots of employers are going down the health assessment/wellness path.

 

[gewb]

If they amended their Group Health Plan Document to include this as an eligibility requirement, yes, they can do this for those enrolled in their health plan. For non-enrolled employees, they can make it a condition of employment. All they're asking is that employees complete a health assessment. Given the staggering cost of providing medical insurance, lots of employers are going down the health assessment/wellness path.

Thanks for your reply!

I received a "clarification" mass-blast email from corporate. What I see as the important part of their email is the following:

"Axxx receives only the information you volunteer on the Health Assessment ..."

So even though there is no option NOT to "volunteer" information, I have been unable to find a legally binding reason to "volunteer" whatever information a company "requests" (a company that provides me no service which I or my employer pay for and is not my employer).

What is the legal definition of "volunteer information"?

For example, Aetna is not my provider but ACS has directed it's employees to provide recent blood test results as part of this "assesment" - what if I decide not to "volunteer" this information to a company that has nothing to do with my coverage?