USA – TEXAS Trends and Developments Contributed by: Sydnie Shimkus, Bell Nunnally & Martin
Employers may not reduce, carve out or eliminate benefits to their Medicare/Medicaid-eligible employ - ees. This includes encouraging employees that are Medicare/Medicaid-eligible to opt out of the employ - er-provided healthcare plan to transfer to Medicare/ Medicaid or a specific bridge to obtain such care. This conduct can be found to violate the Age Discrimina - tion in Employment Act and the Americans with Dis - abilities Act. Coverage decisions when an employee has overly high medical expenses Employers cannot create a separate insurance plan, or carve out, when an employee has overly high medi - cal expenses. When presented with an employee with individual needs, or family needs, for care that exceeds the needs of other employees, employers must still treat this individual equally, providing the same level of care under the employer’s medical plan. Treating an employee differently for the employee’s elevated needs can also be found to violate the Ameri - cans with Disabilities Act (ADA).
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