Friday, August 19, 2011

health insurance coverage to one but not the other?

My son was notified that he is no longer eligible for health insurance at his job at 64 hrs per pay period.his friend how ever working same amount of hours, is recieving insurance, no problem. This cant possibly be legal.Twin cities area.Any one have any idea what we can do about this?
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If they both work at the same company AND are in the same job class (i.e. one isn't temporary or contractual and the other permanent), then this company's action seems discriminatory. He should contact his state's department of labor to request assistance. If he and his co-worker are in different job classes, this is not considered discriminatory, pursuant to ERISA, as long as the group policy's "Eligibility" section discloses the employee class coverage issue. However, if they work for different employers, this is permitted. Each employer is able to elect (or decline) coverage for part-time employees. The fact that one employer elected and the other did not isn't unlawful. He may also consider contacting his state's insurance commissioner's office in writing to request an investigation as to whether or not the termination of his insurance is lawful. While the insurance commissioner doesn't have jurisdiction over his employer's actions, the insurer's actions are regulated at the state level (as long as the policy is fully insured). I hope this helps.
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