- What happens to my coverage, which is provided under my spouse, if he dies or we legally separate or divorce?
Q: I'm getting married. Will I be covered under my spouse’s health care plan?
- A:Get all the details on your spouse's plan, and be sure you understand how it works. You'll want to know the amounts of any deductibles or copays you will be required to pay, and what you will pay for premiums.
Under the Health Insurance Portability and Accountability Act (HIPAA), you may be entitled to add yourself, a new spouse and children to your employer's plan or to your spouse's employer's plan under a special enrollment period.
Q: Is childbirth considered a pre-existing condition?
- A:HIPAA places limits on the amount of time a pre-existing condition exclusion period may apply. In addition, health care plans cannot consider pregnancy a pre-existing condition, even if the woman did not have previous coverage.
Birth and adoption (including placement for adoption) may trigger a special enrollment period during which you, your spouse and new dependents can enroll in your employer's plan.
Q: My child has lost his “dependent child” status. What can be done now to continue coverage?
- A:Most health care plans will provide coverage to dependent children until they reach the age of 19 or the age of 25 if they are full-time students. Once your child loses “dependent child” status under your health care plan's rules, the child may be eligible to purchase temporary extended health care coverage for up to 36 months under the Consolidated Omnibus Budget Reconciliation Act (“COBRA”). Generally, COBRA covers group health plans maintained by employers with 20 or more employees.
Once your covered child is no longer a dependent, notify your employer in writing within 60 days. In turn, your plan should notify your child of his or her right to extend health care benefits under COBRA. Your child will have 60 days from the date the notice was sent to elect COBRA coverage. The cost will be higher, since the employer will no longer pay a portion, but it is usually less than the cost of individual coverage.
Q: What happens to my coverage, which is provided under my spouse, if he dies or we legally separate or divorce?
- A:When an employee covered under an employer-sponsored health plan dies, legally separates or divorces, the covered spouse and dependent children may be eligible to purchase temporary extended health coverage for up to 36 months. The cost will be higher, since the employer will no longer pay a portion. But the cost is usually less than the cost of coverage they might obtain on their own.
If the spouse losing coverage under the plan has a health plan available through his or her employer, the spouse and any dependents may be eligible to obtain coverage through special enrollment.
If the covered employee dies or in the event of a legal separation or divorce, the plan should notify the covered spouse and dependent children of their right to purchase extended health care coverage under COBRA. Most plans require eligible individuals to make their COBRA election of coverage within 60 days of the plan's notice.
Should the employee who is covered by the health care plan die, the employer must notify the plan within 30 days. If there is a divorce or legal separation, the covered employee, spouse or dependent children must notify the plan in writing within 60 days. In case of the death of the covered employee, divorce or legal separation, the plan should notify the eligible spouse and dependent children who would lose coverage under the plan of their right to purchase temporary extended health care coverage. Most plans require eligible individuals to make their COBRA election within 60 days of the plan's notice.
If the spouse losing coverage under the plan has a health plan available through his or her employer, the spouse and dependent children may be eligible for a special enrollment under that plan. To qualify, the spouse must notify that plan and request special enrollment within 30 days of the loss of coverage.