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Health insurance only for citizens?

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Hi,

I am a LPR and I'm trying to get insured through my husband's work. Human Resources Dept. said they can/will only insure citizens, not LPR.

Is this something a company can decide to do by themselves? I understand LPRs are entitled to health insurance too and I would prefer being added to my husband's plan than buying my own.


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Hi,

I am a LPR and I'm trying to get insured through my husband's work. Human Resources Dept. said they can/will only insure citizens, not LPR.

Is this something a company can decide to do by themselves? I understand LPRs are entitled to health insurance too and I would prefer being added to my husband's plan than buying my own.

Your husband can tell them will reporting their behavior how they treated the employees.


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Hi,

I am a LPR and I'm trying to get insured through my husband's work. Human Resources Dept. said they can/will only insure citizens, not LPR.

Is this something a company can decide to do by themselves? I understand LPRs are entitled to health insurance too and I would prefer being added to my husband's plan than buying my own.

Is it something a company can decide to do by themselves? Yes.There is no federal law that requires a company to provide insurance to an employee's spouse and/or children, and I don't think any state law requires it either. That being said, it sounds like HR BS. I've never heard of a policy of just insuring citizens and no one else. I agree with Boiler. Edited to add: and while there are no laws requiring an employer to provide insurance to an employee's spouse, there might be laws out there that ban that type of policy (citizen vs. non-citizen). That being said, your husband should first ask to see the company policy that states they will only insure citizens.

Edited by usmsbow

Removing Conditions Timeline

Aug. 10, '17: Mailed in I-751

Aug. 21, '17: NOA1

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It would be very unusual. He should first talk directly to the head of HR, and if not satisfied, he should then ask for their written policy as well as a copy of the master contract with the insurance company. And don't take no for an answer if HR says they won't give you the documents.

Simultaneously, he should call the insurance company directly.

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I asked my husband to that that in writing, together with the quote of the policy/rule/law they are basing that on.


The insurance company is Humana, btw. I tried calling but did not have my husband's info so that did not go very far.


flying.gif 2006 - met online  | 2008 - met IRL  | 2011 - engagement  | 2012 - wedding | 2013 - IR-1 | 2014 - child | 2015 - POE | 2018 - N-400 

Check my About me for the full IR-1 or N-400 timeline.

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There is no point in contacting Humana at this point. There is no way Humana would only insure citizens. If HR was being honest, it has to be the company policy and not Humana's. I would only contact Humana if your husband's employer makes the claim that it is due to its contract with Humana and not due to its own rules.


Removing Conditions Timeline

Aug. 10, '17: Mailed in I-751

Aug. 21, '17: NOA1

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So far, this is how the talk with HR is going:

My husband: Insure my wife.
HR: We can't, enrolment period passed.
My husband: She has a special enrolment period due to a qualifing event of becoming a LPR.
HR: When did that happen?
My husband: March 17th.
HR: We can't insure her, she needs to be a citizen.

As far as I know, this is all in person or phone calls. I asked him to get it in writing, he said it's "Easier said than done." We'll see how this goes.


flying.gif 2006 - met online  | 2008 - met IRL  | 2011 - engagement  | 2012 - wedding | 2013 - IR-1 | 2014 - child | 2015 - POE | 2018 - N-400 

Check my About me for the full IR-1 or N-400 timeline.

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Why didn't you enroll as soon as you got your ssn? That's what I did with my wife, I enrolled her before she even sent in her AOS paperwork. My best guess is that you might have to wait until the enrollment period to sign up.

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We added my wife when she became an LPR because that was in fact a qualifying event -- it was CIGNA at the time (now Humana), and no one batted an eye. I had asked HR and they didn't know for sure, so sent me directly to CIGNA, and that is why I still suggest that you call Humana in addition to talking to HR.

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Okay, for one thing: The HR is either uneducated or lying to you.

I wish I could advise more in this situation but even the federal mandate spells out very clearly that LPR not only grants you the ability to obtain health insurance but marriage and a change in immigration status is a qualifying event for special enrolment.

Secondly: I suspect you could have a fabulous little suit case on your hands if they continue with this behavior.

Thirdly: If you don't want to deal with putting on heavy motivation for them to comply your other option would be to go to the federal exchange, as Texas does not have a state exchange, and purchase insurance through there.

If they would like to kick this back as Humana's fault they need a little education: Even the Humana website discusses that you should provide your SSN and relevant immigration numbers/documents to be able to enroll. You are an LPR with legal status in this country, you are not illegal or even under DACA (which restricts ability to obtain insurance while on hold) - there is no reason to be denied coverage.

Now if what they are actually trying to do is a ''spousal carve out'', by implying (if you are working somewhere) that they have the right to deny you based on your ability to get coverage through your own employer that would be an entirely different matter.


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So far, this is how the talk with HR is going:

My husband: Insure my wife.

HR: We can't, enrolment period passed.

My husband: She has a special enrolment period due to a qualifing event of becoming a LPR.

HR: When did that happen?

My husband: March 17th.

HR: We can't insure her, she needs to be a citizen.

As far as I know, this is all in person or phone calls. I asked him to get it in writing, he said it's "Easier said than done." We'll see how this goes.

I think HR is just ignorant and/or misunderstood. If your husband said it like that, one might assume that meant you had been married and living here for awhile under some other type of visa, and now you received your green card. That would semi-justify the company thinking it isn't a qualifying event. Had he said, "My wife just immigrated to the USA to join me here" they might have been more receptive. I'm being generous though with HR here, and their citizen line indicates they just don't know what they're talking about. Hell, they probably don't even know what a Legal Permanent Resident is.

Edited by usmsbow

Removing Conditions Timeline

Aug. 10, '17: Mailed in I-751

Aug. 21, '17: NOA1

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Try again by telling them you just moved here from out of the country AND just obtained your green card. Moving to the US is a qualifying event as is obtaining immigrant status. He might need to be pushy. If they offer insurance coverage for all spouses then your lack of citizenship should not be an issue as you are a legal immigrant. But move on this quickly as a qualifying event window is only 30 days.

Edited by belinda63

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