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Health Care Insurance—Questions & Answers—Federal

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Regarding HSAs, does an employer have any fiduciary responsibility related to the investments that an employee might choose? 



If you are an employer group with under 20 employees are there any issues with requiring smokers to pay more of their health premium than non-smokers? 



We are a small company that offers a contribution for our employees if they take the health insurance policy we offer. Are we legally bound to pay this contribution if they choose to take a different health insurance from the one the company uses? 



If an employee is on unpaid leave, is the employer obligated to continue paying for his health insurance by law. This employee is not on FMLA.  




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