1.Application.
This section applies to health benefit plans that an employer provides or agrees to provide to the employer's employees. It does not apply to employee health benefit plans separately provided by any employee organization or bargaining agent, regardless of any financial contribution to that plan by the employer.
2.Failure to implement health benefit plan.
If an employer fails to implement a health benefit plan that the employer had agreed to provide to that employer's employees, the employer shall notify the employees of the failure to implement the plan as soon as possible after the employer knows that the plan will not be implemented. The employer is liable for benefits that would have been payable to a covered employee, if the health benefit plan had been in force during
Free access — add to your briefcase to read the full text and ask questions with AI
1.
Application.
This section applies to health benefit plans that an employer provides or agrees to provide to the employer's employees. It does not apply to employee health benefit plans separately provided by any employee organization or bargaining agent, regardless of any financial contribution to that plan by the employer.
2.
Failure to implement health benefit plan.
If an employer fails to implement a health benefit plan that the employer had agreed to provide to that employer's employees, the employer shall notify the employees of the failure to implement the plan as soon as possible after the employer knows that the plan will not be implemented. The employer is liable for benefits that would have been payable to a covered employee, if the health benefit plan had been in force during the period of time from the date that the employer had agreed to implement the health benefit plan, until the employer gives the employee notice of the employer's failure or inability to provide the health benefit plan.
3.
Termination or change in carriers of a health benefit plan.
If an employer terminates a health benefit plan for employees, if a health benefit plan for employees is terminated for failure to pay premium or for any other reason or if the insurance carrier administering the health benefit plan is changed, the employer shall notify the covered employees of the termination of their coverage or the change of carriers at least 10 days before the termination or the change of carriers takes effect. The employer is liable for benefits which would have been payable to a covered employee had the health benefit plan remained in force and not been terminated or the carrier changed during the period of time following the termination of or change in carrier of the health benefit plan until the employee is given notice of the termination or the change of carrier.
4.
Notice.
Whenever notice to an employee is required under this section, the notice must:
5.
Wage withholdings.
When an employer makes withholdings from employees' wages for contributions to health benefit plans, the employer shall be the trustee of the funds until they are paid to the health carrier. The employer is liable to an employee for any wages withheld for the purpose of financing an employee health benefit plan and which are not actually used for that purpose.
6.
Action; parties.
An action for benefits under this section may be brought by:
7.
Lien.
Whoever loses wages or medical benefits due to an employer's violation of this section shall have a lien against the employer's real estate or personal property for the full amount of the wages wrongfully withheld and the medical benefits for which the employer is liable under this section.
8.
Exceptions.
The following exceptions apply.