California Mistakenly listed Spouse as Domestic Partner (costed premiums)

[srujan]

Jurisdiction

California

In an open enrollment program by my company that ended late last month, I had listed my spouse (wife) as my domestic partner, and am attempting to correct this through my Insurance/PEO(Trinet). Due to this mistake, I have already been paying a higher premium. Trinet now claims they cannot retroactively do a refund of the premiums. Is their response accurate? Its not like I have committed fraud and the Affordable Care Act Anti-Rescission Rules (which they have cited) are in the favor of the individual - 45 CFR 147.128 - Rules regarding rescissions..

Any advice is highly appreciated, and would help me recover lost premiums. Also note that a Manager at Trinet suggested writing to them about it, in order to recover the lost premiums.

 

[army judge]

In an open enrollment program by my company that ended late last month, I had listed my spouse (wife) as my domestic partner, and am attempting to correct this through my Insurance/PEO(Trinet). Due to this mistake, I have already been paying a higher premium. Trinet now claims they cannot retroactively do a refund of the premiums. Is their response accurate? Its not like I have committed fraud and the Affordable Care Act Anti-Rescission Rules (which they have cited) are in the favor of the individual - 45 CFR 147.128 - Rules regarding rescissions..

Any advice is highly appreciated, and would help me recover lost premiums. Also note that a Manager at Trinet suggested writing to them about it, in order to recover the lost premiums.

You answered your own question, mate:

"Manager at Trinet suggested writing to them about it, in order to recover the lost premiums"

All I can suggest is when you write the letter include a CERTIFIED copy of your VALID marriage certificate.

Send the letter via FedEx, UPS, or USPS (priority mail), keep copies of EVERYTHING, and provide telephone, email, and a physical mailing address for the company's response.

 

[cbg]

I suspect that it is not so much that you are paying a higher premium as it is that you are paying higher taxes. In most cases the premium would be the same for a DP as for a spouse, but there's no question it would be taxed differently, and higher. In which case you may be able to recoup the extra taxes when you file your return.