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Christine Cameron
Is it necessary to have employees sign a waiver if they are declining medical benefits offered by their company? Are we legally required to obtain this waiver?
KIP KRAUS
Christine:
I've never heard that requiring a waiver on any group insurance is a legal requirement, but it sure is a prudent idea to get a waiver. Most medical plans require election and enrollment within 30 days of becoming eligible to do so, or medical evidence of insuability is required before a person can enroll.
On the other hand, if the premiums are paid through a Sec. 125 plan employees can enroll during the open enrollment without evidence of insurability, and if your medical contract is sited in New York, there more than likely is no pre-existing condition limitations.
The waiver can serve as evidence that coverage was offered and refused incase the employee later decides he/she should have taken coverage.
G Burns
In addition, how would you prove that there was no discimination in offering the benefit to ALL eligible employees without the waiver ?
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