Medical Enrollent outside of 31 eligibility period w/o family status c

[Guest Laurie LB]

I have a two part question:

If a newly hired employee does not enroll in medical benefits during the first 31 days, can they in any instance be allowed to enroll after that if they provide evidence of insurability (this is a sec 125 pre-tax plan)? This is also assuming there is NO change in family status. I read the new HIPAA regs do not allow the use of evidence of insurability but not sure if it applies to this scenario or is just used to keep employers from discriminating from allowing coverage altogether.

Can the employee enroll after the 31 days if they pay for their benefits post-tax? Is there any way that an employee can enroll without violating any regs after the eligibilty period has passed (and outside of annual enrollment)without having a change in family status?

Thanks!

[Mary C]

What does the plan document say?

Our plan does not allow any enrollments outside the initial eligibility, change of family status or annual enrollment.

[Guest Laurie LB]

Thank you for your response. THis isn't regarding one particular plan. My question is more theoretical of what is possible and will not violate any regs.

Thanks.