Question
What is the name of your state?allWhat is the name of your state? Texas
Can A Prospective Employer Hire A Person With A Pre-Existing Terminal Illness with being able to insure this individual??
Answer
You can hire anyone you like. However, if the person meets the definition of a covered individual under your insurance plan, you will be in violation of ERISA if you fail to offer him the insurance.
Answer
You can hire anyone you like. However, if the person meets the definition of a covered individual under your insurance plan, you will be in violation of ERISA if you fail to offer him the insurance.
I believe that depends on the size of his business. If he doesn't even have or offer an insurance plan, how could he be in violation?
More info is needed.
Answer
The original post implies that insurance is already in effect.
If there is no insurance plan in effect, then there is no violation if he fails to provide insurance. The law does not require an employer to provide insurance, but it does require that IF the employer chooses to provide insurance, all employees who meet the qualifying information (full time, part time, shop, office, management, non-management) be offered it.