Spouse Surcharge

[MRB1]

Jurisdiction

Texas

While filling out my Employee Benefits package for this year, I mistakenly answered that my wife could get Health Insurance through another source. She can't. She doesn't work. I was charged a surcharge that I noticed on my first paycheck. When I contacted my Human Resources department about the charge, and to change that answer to no she doesn't have access to insurance anywhere else, they told me that the surcharge would remain in affect for the entire year. Is this legal?

 

[army judge]

While filling out my Employee Benefits package for this year, I mistakenly answered that my wife could get Health Insurance through another source. She can't. She doesn't work. I was charged a surcharge that I noticed on my first paycheck. When I contacted my Human Resources department about the charge, and to change that answer to no she doesn't have access to insurance anywhere else, they told me that the surcharge would remain in affect for the entire year. Is this legal?

Yes, this is a consequence of Emperor Obama's super, wonderful, great healthscare scam.

 

[ElleMD]

It has nothing to do with Obama, or the ACA. These types of rules have been in effect for decades. There is nothing which requires them to charge more for those with access to other coverage, though that is increasingly common. There is also nothing which would require your employer to allow the change or correction. There are some changes which would not be permitted once the plan year is underway and many employers make it a policy to disallow any changes, rather than figure out which are and are not allowed.