Employers’ Reactions to the Supreme Court’s Birth Control Decision

What you’ll discover:

Is it mandatory for me to provide health insurance to my employees?
Can I alter the healthcare coverage I provide?
Is there anything I need to do as a consequence of the Supreme Court’s decision?
Are workers obligated to accept an employer’s health insurance?
What if my company promised to offer health insurance but didn’t?

As an employer, your most valuable asset is your workforce, thus it is critical to keep them healthy and happy. Offering healthcare coverage and other perks not only keeps you legally compliant (when necessary), but it may also help you retain your employees. Although some companies may choose to provide some benefits and perks willingly while denying others, their choice may be impacted by cost and other considerations.

Considering the recent Supreme Court decision allowing companies with religious or moral objections to opt out of providing workers with contraceptive coverage, you may be concerned about your own healthcare insurance. These are some frequently asked questions and answers.

Is it mandatory for me to provide health insurance to my employees?

Depending on the size of your company and the number of workers, you may be obliged by law to provide health insurance. Some employers may choose to provide health insurance on their own. Yet, it is typically in the employer’s best interest (and in many circumstances obliged) to offer some kind of coverage. It is suggested that you consult with an attorney to establish if you are required to provide health insurance and, if so, what benefits you must give.

If you are obliged to provide health insurance, ensure that you have the necessary documents explaining the specifics of your healthcare plan so that your workers may make an educated selection during the open enrollment period. It is also critical that your Employment Contract appropriately displays your health insurance provision.

Consider drafting an Amendment to cover your bases if you decide to modify your healthcare policy after an employee has signed an agreement. Inquire with a lawyer if you have any queries about the standards that relate to your company or how to update your policies while staying legally compliant.

Can I alter the healthcare coverage I provide?

Regardless of your business, reviewing the many employee benefit programs that are available well in advance of your open enrollment period is a wise practice. It is critical that you research not only which healthcare policies your company can afford to provide, but also that you meet the minimum provision requirements under the Affordable Care Act (ACA), the Consolidated Omnibus Budget Reconciliation Act (COBRA), the Health Insurance Portability and Accountability Act (HIPAA), and other applicable federal laws. If you decide to change or expand your service, an employment lawyer may assist you in remaining compliant.

If you decide to alter your company’s health insurance carrier or any of the benefits given, it’s a good idea to update your Employee Handbook and employee resources website as well.

Is there anything I need to do as a consequence of the Supreme Court’s decision?

If you do not want to modify your present healthcare policy, there is no need to take any active action to continue providing birth control coverage to your staff.

Are workers obligated to accept an employer’s health insurance?

Workers are not compelled to participate in employer-provided insurance programs. An employee may refuse the company’s health insurance plan for a number of reasons, including having coverage via a family or spouse, or the employer plan not providing enough coverage. An employee may elect to insure oneself for any number of reasons.

What if my company promised to offer health insurance but didn’t?

If you and your employer signed an employment contract stating that you would get healthcare benefits, your company is required to provide such benefits. This is true even if you are an at-will employee. If your company fails to provide coverage when it is necessary, they may face fines. You may also be able to sue if, after multiple complaints, they continue to refuse to supply the promised coverage. If you find yourself in this situation, it is recommended that you consult with a lawyer.

You may opt to self-insure if your company is not obligated to provide health insurance or if you are ineligible for the plan your employer provides. While looking for insurance providers, it is important to evaluate elements such as out-of-pocket expenditures, policy premiums, network coverage, current health problems, and any impending medical procedures.