Legal Dictionary: Employer Health Benefits

Landing a new job is great, but are you having trouble navigating the ins and outs of your new job's health benefits? Are you an employer seeking clarity on the health benefits you provide? Whatever your situation may be, FindLaw's “Legal Dictionary: Employer Health Benefits" offers insight into common terms related to employer health benefits. 

Grasping these terms is vital for maximizing benefits and ensuring compliance with employment laws. HIPAA is a federal law that protects patient health information from being disclosed without the patient's consent. Learn more via FindLaw's page What is HIPAA Law?

Legal Dictionary for Employer Health Benefits

The chart below explains terms you need to know concerning health benefits with plain language descriptions. Follow the provided links for articles that provide even more information.

Affordable Care Act (ACA)

The ACA is a healthcare reform law that expands access to affordable health insurance coverage and reduces healthcare costs for individuals and the government.

Affiliation Period

A period of time that must pass before health insurance coverage provided by an HMO (Health Maintenance Organization) becomes effective. If a group health plan provides coverage to you through an HMO with an affiliation period, the affiliation period cannot be longer than two months (three months for a late enrollee) from your enrollment date. During the affiliation period, the plan cannot charge you premiums. The HMO is not required to provide benefits.

Certificate of Creditable Coverage

A written certificate issued by a group health plan or health insurance issuer that shows your prior health coverage.

COBRA (Consolidated Omnibus Budget Reconciliation Act of 1985)

COBRA provides rights to temporary continuation of group health plan coverage for certain employees, retirees, and family members. It does so at group rates when coverage is lost due to certain qualifying events. Learn more at FindLaw's page How Does COBRA Insurance Work?

COBRA Continuation Coverage

The temporary continuation of group health plan coverage available after a qualifying event to certain employees, retirees, and family members who are qualified beneficiaries. Those who are eligible may be required to pay for COBRA continuation coverage. You are generally entitled to coverage for a limited period (from 18 months to 36 months) depending on certain circumstances.

Covered Employee

An individual who is provided coverage under a group health plan subject to COBRA because that individual was employed by one or more persons maintaining the group health plan.

Creditable Coverage

Prior health coverage you have had in the past. This includes coverage under a group health plan, an HMO, an individual health insurance policy, or Medicare or Medicaid. This prior coverage was not interrupted by a significant break in coverage.

Department of Labor (DOL)

The DOL enforces and administers laws related to labor and employment in the United States. The DOL oversees and enforces regulations such as the Employee Retirement Income Security Act (ERISA). The DOL ensures that employers follow these laws, protecting employees' rights to fair treatment and their access to employer-provided health benefits.

Disability Insurance

A form of coverage that provides financial protection to employees who are unable to work due to a qualifying disability. It replaces a part of the employee's income during the period of disability. Learn more in FindLaw's What is Disability Insurance? article.

Drug Formulary

A list of all the medicines that will be covered by your group health plan.

Elect

When referring to health coverage, this means to choose, generally in writing, to participate in a group health plan.

Election Notice

Written notification that you are eligible for COBRA continuation coverage. This notice should explain how long you have to elect COBRA continuation coverage. The election notice should explain how much you must pay for coverage and when and to whom the payments are due.

Employee Organization

A collective group or union formed by employees to advocate for their interests in the workplace. These organizations may negotiate with employers to secure favorable health benefits packages for their members. An employee organization can also be an employee beneficiary association.

ERISA (Employee Retirement Income Security Act of 1974

)

ERISA is a federal law that establishes standards for pension retirement benefits and health plans offered by private employers. It sets guidelines for plan administration, disclosure, and fiduciary responsibilities. Learn more via FindLaw's What is ERISA? article.

Enrollment Date

The first day of coverage or, if there is a waiting period, the first day of the waiting period. If you enroll when first eligible for coverage, your enrollment date is often the first day of employment. If you enroll as a late enrollee, your enrollment date is the first day of coverage.

Exhausted COBRA Coverage

This means your COBRA continuation coverage has ended. This may be because the period that this coverage was available to you has lapsed. Additional reasons for the exhaustion of COBRA coverage are possible besides the time being up. You may have exhausted your coverage because your employer failed to pay the premiums on time. Another reason may be that you no longer live or work in an HMO service area and there is no similar COBRA coverage available to you.

Fair Labor Standards Act (FLSA)

The FLSA sets minimum wage, overtime pay, record-keeping, and youth employment standards for employees. The FLSA also indirectly impacts employer health benefits by establishing certain standards for employee compensation and working conditions.

Family and Medical Leave Act (FMLA)

The FMLA allows eligible employees to take up to 12 weeks of unpaid, job-protected leave for specific family and medical reasons. This includes caring for a newborn, adopted, or foster child. It also applies to one's serious health condition or that of a family member.

Fringe Benefits

Fringe benefits refer to additional non-wage compensation provided to employees as part of their compensation package. These benefits can include health insurance, retirement plans, paid time off, and disability insurance.

Group Health Plan

An employee benefit plan established or maintained by an employer, an employee organization (such as a union), or both. The plan provides medical care to employees and their dependents directly or through insurance reimbursement.

HMO (Health Maintenance Organization)

A legal entity consisting of participating medical providers that provide or arrange for care to be furnished to a given population group. HMOs are used as alternatives to traditional indemnity plans.

HIPAA (Health Insurance Portability and Accountability Act)

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a federal law that prompted national standards to protect sensitive patient health information from being disclosed without the patient's consent or knowledge.

Late Enrollee

An individual who enrolls in a group health plan on a date after the earliest date on which coverage can begin under the plan terms or on a special enrollment date.

Life Insurance

Life insurance is a contract where an insurer pays a beneficiary a sum upon the insured's death in exchange for premiums. It's often included in employer benefits to provide financial protection to employees' families in case of their death.

Newborns' and Mothers' Health Protection Act (Newborns' Act)

The Newborns' Act is a federal law that prohibits group health plans, insurance companies, and HMOs from restricting a mother's or newborn's benefits for hospital stays to less than 48 hours following a vaginal delivery or 96 hours following delivery by cesarean section. The attending doctor, nurse, midwife, or other licensed healthcare provider can discharge earlier after consultation with the mother.

Pension Plan

A pension plan is a retirement savings plan sponsored by an employer that provides a predetermined monthly payment to employees upon retirement. Learn more about pension plans via FindLaw's FAQ: Pension Plans and ERISA article.

Plan Administrator

The person who is responsible for the management of the plan for the benefit of participants and beneficiaries. The plan administrator is a person designated by the terms of the plan. If the plan does not make such a designation, then the plan sponsor is often the plan administrator.

Plan Sponsor

The plan sponsor is the employer, the employee organization (such as a union), or both, that establishes or maintains a plan, including a group health plan.

Pre-existing Condition

An illness or condition that was present before an individual's first day of coverage under a group health plan. Health insurers are now prohibited from charging higher rates or refusing coverage based on pre-existing health conditions. As a result, they cannot impose benefit limits for these conditions.

Qualified Beneficiary

Qualified beneficiaries include covered employees, their spouses, and their dependent children who are covered under the group health plan on the day before a qualifying event. In certain cases, retired employees, their spouses, and dependent children may be qualified beneficiaries. Any child born to, or placed for adoption with, a covered employee during a period of COBRA continuation coverage is a qualified beneficiary.

Qualifying Event

A specific life event that triggers a special enrollment period. This allows individuals to make changes to their health insurance coverage outside of the regular open enrollment period. Examples of qualifying events include marriage, birth or adoption of a child, loss of other health coverage, or a change in residence that affects eligibility for coverage.

Sick Leave

Sick leave refers to paid time off provided by an employer to employees who are unable to work due to illness or injury. It allows employees to take time off to recover without losing income. Visit FindLaw's article Vacation and Sick Leave for more information.

Significant Break in Coverage

significant break in coverage is 63 consecutive days during which you have no creditable coverage. In some states, the period is longer if your plan coverage is provided through an insurance policy or HMO. Days in a waiting period during which you had no other health coverage cannot be counted toward determining a significant break in coverage.

Similarly Situated Non-COBRA Beneficiaries

The group of covered employees, their spouses, or dependent children who are covered under a group health plan maintained by the employer or employee organization. This group is receiving their benefits under the group plan and not through COBRA continuation coverage. They are situated to the circumstances of the qualified beneficiary immediately before the qualifying event.

Summary Plan Description (SPD)

An important document that the plan administrator must provide to participants and beneficiaries. It explains what coverage the plan offers, how the plan operates, and the rights and responsibilities of participants and beneficiaries. Each SPD is different. If you need a copy of the SPD, contact your plan administrator.

Special Enrollment

Special enrollment is the opportunity to enroll in a group health plan when certain work or life events occur, regardless of the plan's regular enrollment dates. If certain conditions are met, special enrollment is available when:

  • You, your spouse, or your dependents lose other coverage
  • When you marry
  • When you have a new child by birth, adoption, or placement for adoption
The plan must give you at least 30 days from the loss of coverage or from the date of the qualifying event to request special enrollment.

Waiting Period

The period that must pass before an employee or dependent is eligible to enroll under the terms of the group health plan. Days in a waiting period are not counted toward creditable coverage unless there is other creditable coverage during that time. Days in a waiting period are also not counted when determining a significant break in coverage.

Women's Health and Cancer Rights Act (WHCRA)

WHCRA is a federal law that provides important protections for individuals who have undergone a mastectomy.

Workers' Compensation

Workers' compensation is a form of insurance that provides wage replacement and medical benefits to employees who are injured or become ill due to their jobs. Employers pay into a workers' compensation fund.

Wellness Programs

Wellness programs, within the context of employer health benefits, are designed to promote and support the overall health and well-being of employees. These programs often include activities such as health screenings, fitness challenges, smoking cessation programs, and nutritional education.

Speak to an Employment Law Attorney

When it comes to employer health benefits, it's crucial to understand your rights. This is true whether you're an employee seeking fair treatment or an employer aiming to follow state and federal regulations. 

Consulting with an employment law attorney can provide valuable guidance. For employees, an attorney can ensure you receive the benefits you deserve. They can also help you address any instances of discrimination or denial of benefits. For employers, legal counsel can offer insights into designing and administering compliant health benefit programs. This minimizes the risk of legal disputes. 

Reach out to an employment attorney today for more information.

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