Health Insurance: Employee Rights to Coverage and Benefits

Need Professional Help? Talk to an Employment Rights Attorney.

There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please add a valid Email
Phone Number is required
Please add a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Description is required
By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

Currently, there is no federal law mandating employers to provide employees with health insurance coverage, and many states do not require employers to provide it or any other health coverage. Statistics from the United States Census Bureau on health insurance coverage in the workplace estimated that only sixty-one percent of workers received some form of health insurance coverage from their employers in 2006. For full health insurance coverage, including dental and optical allowances, the numbers bottomed to less than twenty percent in 2006. There are, however, some state laws and regulations in place mandating certain variations of health care coverage to certain employees. Not all states, however, ascribe to this form of mandatory coverage. At the federal level, the laws covering existing employees and their health care coverage generally only mandate fairness and equality among workers in order to prevent discrimination. Once a worker is offered insurance coverage by their employers, generally through employment contracts or a company handbook, federal laws are in place to regulate the fair and equitable coverage of all individuals.

HIPAA Laws: The Health Insurance Portability and Accountability Act of 1997

HIPAA, a federal law enacted in July of 1997, aimed to make it simpler for employees to change jobs, while remaining covered by insurance. In addition, the HIPAA laws looked to prevent healthcare fraud, discrimination, abuse, and other illegal acts by workers, employers, healthcare providers, and insurance carriers. The HIPAA laws provided several specific avenues of protection for employees, which include:

  • Protections for workers from being denied coverage due to pre-existing medical conditions, especially when previously insured by other private or public coverage carriers
  • Increased preventative measures to protect workers from health care coverage discrimination due to past claims history, mental medical conditions, physical medical conditions, genetic information, disability, or domestic violence
  • Criminalization and active pursuit of anyone defrauding or abusing any health care benefits programs
  • Promotion of tax favorable insurance plans, including health reimbursement arrangements (HRAs), health savings account (HSAs), and flexible spending arrangements (FSAs)
  • Increased medical privacy protection for workers

Covering Former Employees

Federal law does provide workers some protection in the event they are laid off from their jobs, have their hours reduced to a level where they are no longer insured, and for workers fired for any reason besides "gross misconduct". These protections and more are grouped into a continuing healthcare coverage plan for former employees known as COBRA.

Page 2: COBRA Insurance Coverage


Get Professional Help
Talk to an Employment Rights attorney.
There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please add a valid Email
Phone Number is required
Please add a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Description is required
By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you