Employee Rights for Health Insurance

The federal government enacted health insurance coverage laws to protect employees after the Studebaker Company went out of business leaving employees who had contributed to pension and other benefit plans with nothing to show for their money. Employee health insurance laws are found in one piece of legislation known as ERISA. ERISA is also the acronym for Employee Retirement Income Security Act of 1974.

Employer Insurance Laws

ERISA covers employee pension plans and health benefit plans.  Employers are not required to have these plans but once they establish these plans they must meet the minimum standards established by ERISA legislation. The Department of Labor's Employee Benefits Security Administration (EBSA) is responsible for administering and enforcing health insurance coverage laws.

Regulations and Rules for Providing Insurance

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) prohibits a health benefit plan from refusing to cover an employee's pre-existing medical conditions in some circumstances. 

• It also bars health benefit plans from certain types of discrimination based on health status, genetic information, or disability.
• Other changes under the health care plans require protection to mothers and newborns
• mental health care and women’s health and cancer rights.
• Provide lesser coverage or cease offering coverage to older workers, or workers who may become pregnant
• Treat pregnancy-related disabilities (including miscarriage, abortion, and post-childbirth recovery) different from other health conditions
• Refuse to provide coverage based on an employee or dependent's actual disability, a perceived disability, or his or her genetic information

Help From of an Employment Attorney

HIPPA and ERISA provide significant protection for employees regarding benefit plans.  There are specific deadlines that need to be met to protect your rights to benefits especially concerning health care when you change employment.  This area of the law can be complicated.  Consult with a lawyer who specializes in employment and employment benefits law to protect yourself if you feel your rights have been violated.