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  1. #1
    Join Date
    Mar 2009
    Posts
    13

    Default Open Enrollment Notification for Health Insurance

    My question involves employment and labor law for the state of: CT

    My employer has to grant some level of health insurance due to the affordable care act. I received an (incomplete) ACA letter 3 days before Open Enrollment ended. The letter was incomplete in that it stated I was entitled to coverage but didn't give any dates nor where to sign up.

    Overall, when I found out on my own where to sign up, I found out open enrollment already ended. So what requirements, if any, at employers suppose to follow for open enrollment?

    The employer's vendor handling the enrollment (whom also mailed the letters) states that there is nothing they can do. My employer is taking a hand off approach stating they hired the vendor to take care of everything.

    Some extra info: there were many people, not just myself, who received the letter 3 days before enrollment ended. Open enrollment was open for a 2 week period.

    Thanks

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Health Insurance - Open Enrollment Notification Issue

    Are you talking about your company's open enrollment period? What has been the procedure and where have you signed up other years?

  3. #3
    Join Date
    Mar 2009
    Posts
    13

    Default Re: Open Enrollment Notification for Health Insurance

    Quote Quoting cbg
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    Are you talking about your company's open enrollment period? What has been the procedure and where have you signed up other years?
    I am talking about my company's open enrollment period. I'm new in that I was always ineligible. Due to ACA they now must provide it. I have no knowledge on previous procedure.

    Overall it seems like they did have an open enrollment period but didn't "advertise" it in a good way which is why I was asking if there are any Open Enrollment legal requirements. (In this case specific to ACA). Not getting notified except by letter days before it is ending sounds like a money saving tactic on their end.

  4. #4
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Open Enrollment Notification for Health Insurance

    Quote Quoting MacLoverMD
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    I am talking about my company's open enrollment period. I'm new in that this is the first time they've offered benefits. Previously I was ineligible but due to ACA they now must provide it. I have no knowledge on previous procedure.

    Overall it seems like they did have an open enrollment period but didn't "advertise" it in a good way which is why I was asking if there are any Open Enrollment legal requirements. (In this case specific to ACA)
    One would hope that they did not do it on purposes, but sadly, I think its quite possible that they did. Two weeks is a short open enrollment period as it is...and employees should have been notified well before the open enrollment period started.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Open Enrollment Notification for Health Insurance

    Two weeks is actually quite reasonable. A great many employers have a two week OE period. It's been ten years or more since I worked for an employer who had a longer OE period than that. We just finished ours - we can manage 22,000 employees with a two week period.

    There never used to be any requirements that you receive any particular notice about OE. In view of the ACA I went looking to see if that had changed, but I could find no indication that there is any legal requirement that you receive any specific notice period. I agree that you "should" have received advance knowledge but no laws were violated because you didn't.

    If this was an error by a third party vendor, your employer has options. Have they indicated what they are planning to do?

    Two other points: (1) OE for the health exchanges under the ACA is still open

    (2) Our OP period ran from 11-5 to 11-19. Our first notification went out on September 8. We sent packages to everyone's home; sent out a minimum of 3 emails to each and every employee (more to some) and it was prominently displayed on our intranet. If I had a dollar for every employee who has contacted me since the 19th and said something like, "I only found out about OE today", I wouldn't be able to retire but I could take my husband and me out for a very nice dinner.

  6. #6
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Open Enrollment Notification for Health Insurance

    Quote Quoting cbg
    View Post
    Two weeks is actually quite reasonable. A great many employers have a two week OE period. It's been ten years or more since I worked for an employer who had a longer OE period than that. We just finished ours - we can manage 22,000 employees with a two week period.

    There never used to be any requirements that you receive any particular notice about OE. In view of the ACA I went looking to see if that had changed, but I could find no indication that there is any legal requirement that you receive any specific notice period. I agree that you "should" have received advance knowledge but no laws were violated because you didn't.

    If this was an error by a third party vendor, your employer has options. Have they indicated what they are planning to do?

    Two other points: (1) OE for the health exchanges under the ACA is still open

    (2) Our OP period ran from 11-5 to 11-19. Our first notification went out on September 8. We sent packages to everyone's home; sent out a minimum of 3 emails to each and every employee (more to some) and it was prominently displayed on our intranet. If I had a dollar for every employee who has contacted me since the 19th and said something like, "I only found out about OE today", I wouldn't be able to retire but I could take my husband and me out for a very nice dinner.
    My concern is that if employer coverage is available, that you cannot use the exchange to buy insurance. So, the OP's options for insurance would now be limited to private providers.

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Open Enrollment Notification for Health Insurance

    Before we get into that, I'd like to hear what the employer's plans are. And frankly, I'd like to know why, in the three days after he received the letter, he didn't call HR or Benefits and say, "Hey, I've got a letter here about OE but it doesn't say where I go to sign up for benefits. What do I do now?"

    And if he'd like to share with me exactly what the letter says (minus names) I might be able to offer some suggestions. Not that I've done Benefits for 35 years or anything.

    - - - Updated - - -

    FYI, unless state law in his state says otherwise, if he is eligible for employer insurance he can't get SUBSIDIES. It doesn't say he can't get insurance at all.

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