Is it legal for employers to REQUIRE employees submit a health assessment to be eligible for health insurance?

Question

My employer is saying that if we do not complete an on-line health assessment we will no longer be eligible for health insurance benefits. The healthassessment is done through our health insurance providers website; BUT, the health insurance provider does NOT require the assessment for coverage. Is this legal?

Answer 1

Absolutely legal... & its becoming more & more common.

My employer does has the same requirements for the employee & spouse. Also, if the employee or spouse smoke, we have to pay a higher premium.

Answer 2

Possibly, I dont know and Im not a Employee Benefits Attorney But...your employer is paying for the coverage, or the larger percentage of it anyway every month, so they may feel they have the right to know the status of your over all health. Id sit down with HR rep, or your manger and ask them why they require it when the insurance carrier does not. Tell them you feel its an invasion of your personal privacy.

Answer 3

I assume that if x% of employees fill out the assessment then the insurance premiums for everyone will be decreased.  If you choose NOT to meet your company's standards for health insurance then you choose not to be a part of it.  

Answer 4

~~This is going to fall under your state's labor laws. I would check their website as well as the state's insurance commissioner's website for the answers. If you can't find the answer, they will have contact numbers. Good luck~~

Answer 5

Yes, it is legal, but you cannot be charged extra premiums or denied the insurance based upon the assessment.  from a FAQ put out by the Dept. of Labor, which helps enforce HIPPA:

"Can a plan require an individual to complete a health care questionnaire in order to enroll?

Yes, provided that the health information is not used to deny, restrict, or delay eligibility or benefits, or to determine individual premiums."

For more info, here is a web site:

http://www.dol.gov/ebsa/faqs/faq_hipaa_N...

Or you can call the national or local office of the Employment Benefit Security Administration