Waiver of Benefits

[Guest 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.

[Guest G Burns]

In addition, how would you prove that there was no discimination in offering the benefit to ALL eligible employees without the waiver ?