TPA Bob Posted October 2, 2017 Posted October 2, 2017 We have a participant in a premium only plan who is asking to drop his dependent group coverage due to qualifying for cheaper individual coverage through the State of Oklahoma (Sooner Care). I have looked at our language (Sungard / Corbel/ FIS) post-Affordable Care Act and it appears this is not a change of status and would not be allowed. Any thoughts?
Debbie Posted October 3, 2017 Posted October 3, 2017 It should qualify as a special enrollment period/qualifying event.
mdm09 Posted October 5, 2017 Posted October 5, 2017 Assuming Sooner Care is a form of Medicaid (not Exchange coverage), an employer-sponsored plan can (but is not required to) allow an individual who loses Medicaid to enroll in the plan mid-year, but the reverse is not true--the plan cannot allow an individual to drop plan coverage mid-year if he or she enrolls in Medicaid. See Treasury Reg. 1.125-4(f)(5).
Peter Gulia Posted October 5, 2017 Posted October 5, 2017 If you'd like to read the rule mdm09 refers to, here's a link: https://www.ecfr.gov/cgi-bin/text-idx?SID=2dd0cb953fab89b3f5b297cd598aa3f8&mc=true&node=se26.2.1_1125_64&rgn=div8 Peter Gulia PC Fiduciary Guidance Counsel Philadelphia, Pennsylvania 215-732-1552 Peter@FiduciaryGuidanceCounsel.com
jsb Posted October 5, 2017 Posted October 5, 2017 Have to disagree with mdm09 on one point. Under 1.125(4)(e), entitlement (enrollment) in Medicaid (or Medicare) would permit a drop of coverage, if the employer's plan permits. If Sooner Care is not the state version of Medicaidl, it is likely an individual plan that would not permit a change in election
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