HIPAA Health Discrimination Rules

[alexa]

Someone on medical leave in our health plan pays a higher premium while on medical leave.

Would this violate the HIPPA health nodiscrimination regs?

Or could one use the current ee vs. former ee distinction under the similarly situated rules?

[Sandra Pearce]

If the employer is subject to state or federal FMLA requirements, and the employee qualifies for FMLA leave, the employer is required to maintain the employee’s group health benefits on the same terms as if the employee continued to work during the FMLA leave.