Generally, employers that sponsor group health plans have flexibility to design the terms of plan eligibility, benefits, and contributions as they desire, so long as the plans do not violate Title VII- or HIPAA-type discrimination rules. (i.e., discrimination based on age, sex, gender, disability, pregnancy, claims history, health or disability status, medical condition, etc.). Plans that are designed to offer the same benefits equally to all employees will generally satisfy nondiscrimination rules.
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