Did the HR Dept. meet its obligation?

In Virginia, does a FTE have to sign a waiver stating that he/she does not want to participate in an organization's health insurance coverage, or can the employer assume that the employee does not want coverage if they have not responded to the HR Department one day after the open enrollment period closes? Case in point is that an employee who works in the field and has limited in-office time failed to turn in her application for insurance; she has worked at the agency for 16 years and has had coverage each year. Since the HR department had not recieved the employee's application, they sent an email saying that since they had not heard from the employee, that they "assumed" that she did not want coverage and therefore denied her request to turn the application in 2 days late. There was no attempt to contact her by cell or office voice mail.

Any feedback?
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Comments

  • 32 Comments sorted by Votes Date Added
  • Considering the circumstances: 1) she has always had insurance in the past, and 2) she is out in the field with limited online access, I would not make the assumption she did not want coverage. She could have forgotten, something could have delayed her in the field from getting in to complete the enrollment, etc. I would have contacted her directly and verified her non-participation, and since you didn't, I would take her application 2 days late.
  • I concurr; however, the open enrollment period is established within the SPD, the information has always been there. We publish a general notice as a reminder to all employees during the month of August each year. The employees have then, the 30 days of September, to get the application for change and adding of new family members to the coverage. The date of September 30 is the cutoff date. No decision by HR can be made "to add individuals" to the plan. To make a decision to forget the deadline is totally wrong. Now if the application was mailed and it is post market prior to Sept 30, then the exception could be made. "Excuses are excuses" and they are not worthy of impacting every other entitled member of the plan.

    Additional members helps the over all premium expense of the plan; however, the expense of claims burdens the employees who are also a participant in the claims expense of every other members claims.

    Bottom line there is a published deadline stick to it for everyone to include every EXEMPT member of the plan.

    PORK
  • Our open enrollment period is for changes and drops all others continue without any action required.
  • [font size="1" color="#FF0000"]LAST EDITED ON 05-25-05 AT 12:01PM (CST)[/font][br][br]I say NO, you did not meet your obligation.

    We are a fairly small company compared to lots of you - 68 EEs, some of whom are part time. We utilize a customer service approach with the EEs being our customers. In cases like these, we strive for service above and beyond the letter of the law - and would have contacted the EE ahead of time.

    We have several remote EEs - and have had frequent occurrences of lost mail, including paychecks. So we watch for this sort of thing and had the circumstances described happened at our shop, I have no doubt we would have contacted the EE before the deadline to make sure we knew his/her intent with respect to insurance.

    We have also had situations when enrollments missed the deadline. We were able to work with the carrier to get these people on the insurance. We have made mistakes, EEs have made mistakes - we try to end up doing the right thing.

    In this case, we would have accepted the late enrollment and gotten this 16 YEAR EE covered.
  • In order to satisfy ERISA requirements that the health plan is being offered to all eligible employees, we make sure the employee signs a waiver if they DO NOT want the health insurance. Usually, the waiver section is part of the enrollment form. Sometimes that means tracking people down, putting them in a headlock, and forcing them to sign either the enrollment form or the waiver form. This is called "exercising the employee's rights as provided by ERISA", except you are the one getting the exercise.
  • The HR Dept may have met its legal obligation, but it missed its good faith obligation.

    lwl -- are you a member of the HR Department in question?
  • No I am not. This happened to my wife who works for a public, non-profit agency. For me, this is a personal inquiry. I hope that I am not out of order by posting a personal issue, but I am seeking some purely objective feedback.
  • I work for a public, non-profit agency and during open enrollment if they don't turn in any changes they roll over. When we switch to a different carrier if they don't enroll they sign a waiver. As HR manager I keep track of all forms received and 5-10 days before the due date start calling or mailing employees & remind them of the due date (I do document the call). We only have 60 employees who are eligible for insurance benefits (the other 80 are pt) so contacting the few who haven't turned in a form isn't that time consuming.

    Good Luck!
  • Can you clarify "2 days late"? Was it 2 days beyond the beginning of your plan year? In other words 2 days past the deadline for forms to be returned into the benefits person? Or 32 days past the beginning of the plan year?
  • It was 2 days past the agency's deadline.
  • Based on your post #7, I'd say you are posting in the wrong place. You won't find anyone here that's into helping you nail your wife's employer. You should pursue it through the benefits office where your wife works.
  • I am not trying to "nail my wife's employer." I am simply trying to get feedback because I am interested in people's opinions and views regarding organizational behavior. My wife had the responsibility to turn in the paperwork, however, since she did not, I was basically interested in discussion on what others would do in the same situation, which I believe is appropriate for this posting. I have already added her to my health plan so this posting is not to build a case, it is over as far as I am concerned.
  • If that's true, you would be looking for other employees' opinions on what they would do; not looking to see whether or not HR met their obligation. If you've already added her to your plan and it is over as far as you're concerned, why are you looking for 'blame?'

  • I believe that lessons can be learned from situations such as this. Maybe the subject heading was misleading, but my intent is not to "blame." I simply wanted to solicit feedack and, I apparently have done so. My thoughts as a seasoned manager are that my wife had total responsibility to turn in the documents. However, had I been the HR person, I would have made more effort than what was made. I do not blame the HR Department; but I know that I would have either used the voice mail technology that was available or I would have had a grace period for those staff whose time is 90% out-of-office. There were more staff affected than just my wife, so this is not a one-dimensional issue.

    I am interested in opinions, not retalliation.
  • It sounds like the majority of us would have put more effort into it than you described in your original post -- assuming your original post included all relevant details.




  • We also have ees out of the shop and I tend to hound them until they get me the paperwork or tell me they are waiving coverage. If they are waiving I do have them sign a waiver stating they were offered coverage and declined to enroll.

    Knowing this ee has had coverage for 16 yrs I would give them the benefit and extend for the 2 days.

    Were you changing carriers?

    Normally if there are no changes to be made the ee would have to do nothing unless she decides to waive the coverage, add/change dependents or change plans.
  • No change, this was a simple renewal.
  • Your question as whether or not the HR office met it's obligation is not valid. Since you were not part of the HR office responsible for your wife's enrollment, how could you possibly know how much time and effort that HR office invested in getting your wife to come in on time and enroll? When you say that she has had coverage for the last 16 years, are you saying that she has had coverage despite turing in the application late every year for the last 16 years?
  • She had never been late with an application prior to this incident, and I know what was done because there was an email from HR that indicating what had been done.
  • The first time we had an EE claim to have turned in a renewal application, which could not be located in our office, we also instituted the "Waiver" acknowledgement form. We now use this waiver for every benefit offered.

    It cuts down on later claims of "You did not tell me that was available."


  • We use the headlock method as Larry described. If this was my HR dept, we would not have done enough.
  • [font size="1" color="#FF0000"]LAST EDITED ON 05-25-05 AT 04:43PM (CST)[/font][br][br]I agree with other Forumites who say that her HR department certainly did not do enough. I'm also in the same camp as Larry and SMace. We go after signatures on declination statements like gangbusters.

    Now, let me turn the tables. Every open enrollment that I have ever been a part of, and specifically those under my direct supervision, have always been at least 30 days in duration. We usually begin the communication process at least 30 days prior.
    We currently have approximately 15 regional and national account managers who are based out of their home offices. Guess what? Each and every one of them makes open enrollment. Sometimes all we get is a fax or Fedex, but we get it done. Surely, your wife did not find out about this the day prior to open enrollment ending. Shame on her for procrastinating. She needs to shoulder some of the responsibility here.

    Gene
  • [font size="1" color="#FF0000"]LAST EDITED ON 05-26-05 AT 05:15AM (CST)[/font][br][br]I'm still bothered by the fact that they jettisoned her from the program when she had no changes to make via the open enrollment program. Any program I've ever been associated with or managed moved employees right along, as they were previously, unless they opted for changes or opted out altogether.

    But, I am the original objector to non-HR people getting on The Forum trying to build cases or prove employers wrong or set something straight for personal reasons. It's horsesh*t that you're not doing that, although you suggest your exercise is not personally motivated, but somehow for the greater common good and a simple exercise in harmless research. As was said earlier, neither you nor we have knowledge of the company's certain practices or what they did or when they did it or what your wife did or did not ignore or what manner of mailouts and notifications were sent.

    And, enough of this about what you would have done had you been in the HR Department. Since you have not worked in HR and do not work in HR and are not involved in the mechanics of such things as open enrollments, it's rather vacuous for you to say what you would have done. Sort of like me saying what I would do if I were in charge of accounting or if I were a jockey in The Preakness. Simply, employees have responsibilities and HR too often is expected to hold everybody's hand, accompany them to the restroom, make their decisions for them and manage their personal business for them...and take a beating when an employee fails in their personal responsibility.
  • You say put her on your medical insurance. What qualifying event enabled you to do that? Our insurance would not let you do that unless it was open enrollment.
  • If it was our plan, we would have allowed her to enroll. Being dropped from your insurance coverage for reasons other than non payment or because of fraudulent activity would be qualifying.
  • LWL: Now I am beginning to see the light more clearly.

    I see: your wife for the last 16 years has been covered by your medical program and she continues today to be covered by your medical plan.

    I see: your medical plan has now changed it's benefit plan to effect a higher cost of premium payment or deductibles.

    I see: these cost made you and your spouse realize that her company medical benefit plan, as a single employee, would be cheaper for your personal interest.

    I see: your spouse then remembered the open season is on going right now "low and behold" the open season ended two days ago, and now your spouse trys to push the responsibility off on the HR and/or benefit manager for your personal mess-up. You would prefer the employees of her company suffer the claims participation rather than your plan participants.

    Good luck, I hope you and your spouse remain healthy all year. Open season does come around ever year so mark your calendar for May of 2006.

    PORK
  • I suggest you re-read the original post. The employee had insurance with the company for 16 years.
  • There are two points that I would like to make, and then I will bow out of this discussion. In response to your "I See" statements, you obviously don't see. My wife has carried her own insurance for 16 years; when this happened it was fortunate that my open enrollment period with my employer overlapped with hers by one week, therefore I was able to add her to mine. Your statement is 180 degrees out-of-phase and your conclusions are erroneous.

    Secondly and most importantly, I was sincere in my statement that I was interested in opinions, not retalliation. As a matter of fact, this whole issue has been resolved. While I watched from the sidelines and this posting has been active, my wife wrote a letter to her employer explaining her situation and requesting a reconsideration of the decision. The agency did indeed do this and decided to reinstate her coverage, with an apology from management after realizing that there were legitimate extenuating circumstances. In addition, I was able to drop her from my plan becasue my enrollment period just ended yesterday.

    I have enjoyed and I appreciate the feedback and the variety of responses. It is clear that are as many opinions as there are HR Managers. I understand some of the skepticism and frustration that I read in the postings because I work for a small employer and one of the hats that I wear deals with HR issues. It is also difficult to get the complete picture of what is going on in a situation through a medium such as this. One posting stated that he/she had objections to non-HR folks being on the forum, but there are those of us who are responsible for various duties and therefore get information from many sources as possible.


  • Although the Forum is populated largely by 'HR Folks' and a few others who represent employers, non-HR folks I think are welcome. What I meant, if you are referring to me, is that I (as well as many others) have always, objected to those who pose as HR folks, those who are building a case through which to slam their HR department or employer and those who aren't clear about what or who they are or what they represent and are questionable. Those are the only objections I know of, but I only speak for me. You wouldn't have a way of knowing this, but, a few months ago we were joined by a fellow in California, I believe, who led us to believe he was an HR employee. Come to find out he was stringing us all along and he was an attorney asking us for legal opinions and for our comments on the legal profession, while making uncomplimentary remarks about his own profession. Those are the types of things that get some of us antsy with some of the posts. If you are in HR, have HR duties or represent the employer where you work, I for one welcome your participation, your input and advice.
  • I too will drop it after this. I do find your first paragraph hard to imagine. A group insurance plan year, in my experience, has always begun with the first day of a month. Luckily for you your open enrollment periods overlapped by one week. Apparently, the plan year begins June 1st. Open enrollment closes prior to the beginning of the plan year to give the benefits department time to process. Legally, an employee can make changes up to that date.

    Paragraph two. You were interested in opinions; not retaliation. Neither. You did your research and our comments helped your wife write the letter. Glad we could help. We are, after all, the employee advocates.

    Three: if you were wearing your HR hat, none of us would have a problem. You were wearing the employee hat and looking for a flaw in the way HR handled her coverage so that you could act on it and get her enrolled. At least now when you wear that HR hat, you'll have this thread to help you out.

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