Is it legal for a company to refuse to put a spouse on health insurance?

Question

Is it legal for a company that you work for to refuse to put your spouse on your insurance if they are able to get their own insurance at the company they work for?

Answer 1

Yes, if it is stipulated in the benefit plan and the same rules apply to all employees of the same classification.

Many companies require that a spouse get coverage through their own employer if available.

My own employer requires that spouses take insurance through their own employer if available for less than $120 a month.  My employer allows us to enroll a spouse for secondary coverage, but they must enroll through their own employer for primary coverage (if available for less than $120/month for the individual employee).

I still keep my husband on for secondary coverage, since I'm already paying for family coverage for the kids anyhow.

Answer 2

A company can require the spouse to take their employers insurance if the company self funds their own insurance.  They can even charge a surcharge if your spouse elects your coverage when they can get their own coverage through their own employer.  

If however it is a fully insured plan then it is not legal.  

Self funded insurance does not have to follow the same guidelines as fully insured groups.

Answer 3

A company doesn't have to provide health insurance. What would make you think the law would require coverage for a spouse.

Answer 4

Absolutely. Its legal, & becoming more & more common. Its actually best for everyone, in the long run, for your employer to cover you & your spouses to cover them.

Answer 5

Yes.  They aren't required to provide health insurance for employees.  If they do, they aren't required to provide coverage for spouses or kids.  If they do THAT, they can refuse to provide coverage if your spouse has access through their employer, or charge a much higher premium for that spouse.  

And they can require that your spouse/kids be a tax dependent on your federal taxes, in order to qualify for their plan.