Cessation of Health Care Benefits
Section 109.075, Wisconsin Statutes, provides that employers with 50 or more employees in Wisconsin who plan to discontinue health care benefits to current employees, retirees, or dependents of employees or retirees, must provide the affected individuals with 60 days’ notice of the cessation of benefits, in most instances.
Employers with 50 or more employees in Wisconsin must display the Notification Required for Cessation of Health Care Benefits Poster in one or more conspicuous places where notices are normally posted.
Employees, retirees, or dependents who feel this law has been violated may file a complaint with the Equal Rights Division, using the Cessation of Health Care Benefits Complaint Form. Complaints must be filed within 300 Days of the alleged violation.
Frequently Asked Questions
Which employers must comply with this requirement?
Employers who operate a business in Wisconsin that employs 50 or more persons in the state must provide advance written notice of their intention to cease providing health care benefits to employees, retirees, or their dependents.
Who is an entitled to notification under the law?
Employees, any union representing employees of that business, retirees, and dependents of employees or retirees currently covered by the health care benefit plan are entitled to receive 60 days’ written notification that their benefits will cease.
Why should affected employees file complaints about not receiving 60 days’ notice of cessation of health care benefits?
If the Department finds a violation of this section, it may require the violating employer to pay the complainant either (1) the value of the insurance premiums for the period without proper notice or (2) the actual value of medical expenses incurred during the 60-day notice period.