Hello
  1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Can I be forced to carry insurance on my adult child? Arkansas

Discussion in 'Health Insurance, HMO, HIPAA & Disability' started by Lisa3475, Jul 30, 2017.

  1. Lisa3475

    Lisa3475 Law Topic Starter Member

    Messages:
    53
    Likes Received:
    1
    Trophy Points:
    8
    Jurisdiction:
    Arkansas
    My insurance company has not dropped my adult child, even though I filled out the paperwork during open enrollment. I'm calling tomorrow, but wanted to know some reasons why they won't drop her. She was emancipated, and no where in the paperwork did it say I would be providing insurance for her. I've requested to have her dropped since she was emancipated at 17, so 2 open enrollments and Blue Cross/Blue Shield is refusing without reason.
     
  2. Lisa3475

    Lisa3475 Law Topic Starter Member

    Messages:
    53
    Likes Received:
    1
    Trophy Points:
    8
    My step daughter is saying that she gets to stay on until she is 26, which doesn't make sense. I know the option is available, but nowhere have I seen where parents had to keep insurance on an adult child. My husband or I have signed no papers saying to keep her on the insurance, so we are at a loss trying to figure this out.
     
  3. army judge

    army judge Super Moderator

    Messages:
    35,243
    Likes Received:
    6,180
    Trophy Points:
    113

    You can give thanks, bow, rejoice, praise, and take umbrage to the thing known as "obamacare".


    Children can (THIS MEANS MUST) stay on any major Medical family plan until they turn 26.

    They can (THIS MEANS YOU HAVE NO CHOICE) no longer be offered coverage through a family plan starting on their 26th birthday.

    This is only true for private plans and employer coverage.

    Medicaid and CHIP (THEY GIVE THEMSELVES A WAY OUT) eligibility is based on other factors, typically CHIP covers those under 19 while Medicaid coverage depends on whether a state expanded or not.

    TRICARE has special rules.


    Here you go, mate, read it and rejoice for another "wonderful" achievement
    by El Presidente Número 44!

    ObamaCare Under 26: Rules for Children and Young Adults
     
  4. army judge

    army judge Super Moderator

    Messages:
    35,243
    Likes Received:
    6,180
    Trophy Points:
    113

    Wiggle room, maybe, but it won't be easy!!!

    Plan Status: Is the parents’ plan exempt from ACA rules?

    There’s an exception that would prevent working young adults who have their own health benefits from taking family coverage this year: Their parents are enrolled in a “grandfathered” health plan, meaning it is exempt from some ACA rules until 2014.

    Grandfathered plans are those that existed on or before March 23, 2010, and have basically stayed the same since. More than one-third of those who get health insurance through a job are enrolled in one, according to the Kaiser Family Foundation.

    But by next year, grandfathered plans will also have to cover adult dependents even if they can get insurance through an employer.

    Geography: Does the young adult live in a different state?

    Young adults can stay on their parents’ plan after they leave the nest, even if they are married—-and they need not be claimed as a dependent on their parents’ tax forms. But if the child lives far away, local doctors may be out of the family plan’s network, meaning out-of-pocket costs could be high.

    If young adults are healthy and the cost of their parents’ plan is significantly lower than what they could get on their own, they might schedule routine doctor visits for when they come home and use the family insurance only for emergencies in their own state.

    Age: How old are the parents and young adult child?

    Some carriers allow young adults to stay on their plan until age 30; others drop them on their 26th birthday, and still others allow them to stay through the end of that calendar year or until they turn 27. It may be simpler for kids close to the cutoff age to get their own insurance to avoid having to start the whole process over again in a few months or aging out of their parents’ plan before they can get their own coverage, experts say.

    Families should also consider whether the adult child is married or planning to start a family soon. The parents’ plan won’t cover in-laws or grandchildren.

    And Medicare won’t cover kids of any age, which is something to keep in mind if the parents are approaching age 65 and planning to retire.


    When to kick adult children off your health plan
     
  5. Lisa3475

    Lisa3475 Law Topic Starter Member

    Messages:
    53
    Likes Received:
    1
    Trophy Points:
    8
    We understand that she is required to have insurance, but the ACA says insurance is an option for parents to carry their adult kids. We can not find where it says we are legally obligated to carry her and pay all the bills being sent from her monthly doctor visits to get Xanax and whatever else.
     
  6. Lisa3475

    Lisa3475 Law Topic Starter Member

    Messages:
    53
    Likes Received:
    1
    Trophy Points:
    8
    The plan is older than 2010, and our child is 19. She has no job.
     
  7. army judge

    army judge Super Moderator

    Messages:
    35,243
    Likes Received:
    6,180
    Trophy Points:
    113


    I'm not agreeing with the law.

    I'm simply pointing out to you WHY your desires are being ignored.

    Be further advised, each state differs appreciably in how the thing known as "obamacare" is enforced.

    Your husband needs to ask WHY he is required to keep her on his plan of his benefits administrator or HR official somewhere in his company.

    Please, return and inform us of what he learned.

    This is an issue that concerns me deeply, and isn't revealed readily.

    You might also ask your newspaper and television stations about this, as well as your state elected officials.

    Best wishes, ma'am.
     
    Lisa3475 likes this.
  8. army judge

    army judge Super Moderator

    Messages:
    35,243
    Likes Received:
    6,180
    Trophy Points:
    113

    It gets worse!

    BCBS reveals a dirty little secret.

    Under the Affordable Care Act, young adults can choose to stay on their parents’ health insurance plan until they turn 26 — no ifs, ands or buts. That means you can stay on your parents’ plan whether or not you:

    Live with your parents

    Are claimed as a dependent on your parents’ taxes

    Have a full-time job

    Are eligible to enroll in your employer’s health plan

    Attend school

    Are married

    For some, this is ideal, as plans that cover families may be less expensive per person than individual plans. Others, in their quest for independence, choose to purchase their own insurance before they turn 26 (I’m guilty of that).

    Read this:

    Under 26? You’ve got health insurance options | Blue Cross Blue Shield

    Can I stay on my parents' health plan after I'm married?

    What young adults need to know about healthcare reform | Blue Cross Blue Shield
     
  9. Lisa3475

    Lisa3475 Law Topic Starter Member

    Messages:
    53
    Likes Received:
    1
    Trophy Points:
    8
    Technically it all still says it's optional. The only thing we are really concerned about is all the bills we keep getting. It sounds cold, but we have had nothing but trouble from her...legally, etc. This situation is just the icing on the cake. At this point, we'd be happy if she just paid for her own damn drugs.
     
  10. army judge

    army judge Super Moderator

    Messages:
    35,243
    Likes Received:
    6,180
    Trophy Points:
    113


    Read this, please.

    This is from BCBS, it's NOT optional.

    It's mandated, and its SCREWING parents!!!


    QUOTE:>>>>>>>Under the Affordable Care Act, young adults can choose to stay on their parents’ health insurance plan until they turn 26 — no ifs, ands or buts. That means you can stay on your parents’ plan whether or not you:

    Live with your parents

    Are claimed as a dependent on your parents’ taxes

    Have a full-time job

    Are eligible to enroll in your employer’s health plan

    Attend school

    Are married



    For some, this is ideal, as plans that cover families may be less expensive per person than individual plans. Others, in their quest for independence, choose to purchase their own insurance before they turn 26 (I’m guilty of that).
     
  11. Lisa3475

    Lisa3475 Law Topic Starter Member

    Messages:
    53
    Likes Received:
    1
    Trophy Points:
    8
    We've gotten over 7000 in medical bills since January for her alone, bc she keeps having toenail surgery to get pain pills. Can we sue to have the costs not covered by insurance put asher responsibilty?
     
  12. army judge

    army judge Super Moderator

    Messages:
    35,243
    Likes Received:
    6,180
    Trophy Points:
    113


    You can sue anyone, even the parasite.

    However, she's flat broke busted, isn't she?

    Even if the judgment was for $500,000, or $20; the parasite has nothing with which to pay you.


    Your husband needs to discuss this with his employer's benefits coordinator or HR.

    I'm on your side, anxious to hear what he learns.

    I've counseled several people in Texas about this, all are floating in your leaky boat.

    Why have we allowed this to be done to our country and our children?
     
  13. Lisa3475

    Lisa3475 Law Topic Starter Member

    Messages:
    53
    Likes Received:
    1
    Trophy Points:
    8
    Can we have the insurance bill her instead of us? That way she can end up with a bankruptcy on her credit, instead of us.
     
  14. army judge

    army judge Super Moderator

    Messages:
    35,243
    Likes Received:
    6,180
    Trophy Points:
    113


    I doubt it.

    However, your husband much discuss this with the right person or department where he is employed.
     
  15. Lisa3475

    Lisa3475 Law Topic Starter Member

    Messages:
    53
    Likes Received:
    1
    Trophy Points:
    8
    She has cost us more in the last couple years than my entire college degree cost :/
     
  16. army judge

    army judge Super Moderator

    Messages:
    35,243
    Likes Received:
    6,180
    Trophy Points:
    113


    That I don't doubt.

    My wife heard me shouting in amazement.

    She never imagined things like this are going on the our country.

    I suspect most of our contemporaries don't either.
     
  17. Lisa3475

    Lisa3475 Law Topic Starter Member

    Messages:
    53
    Likes Received:
    1
    Trophy Points:
    8
    If her dad were to quit his job to attend college, and I put him and the rest of our kids on my plan...would I be required to have her on my plan? We are playing around with ideas here.
     
  18. army judge

    army judge Super Moderator

    Messages:
    35,243
    Likes Received:
    6,180
    Trophy Points:
    113


    That would work.

    You aren't required to support her.

    You weren't required to support her as a child.

    Legally, she's his responsibility, insofar as healthcare is allowed.

    If he were to resign to further his education, that's a life changing event.

    You could add him to your health plan, but wouldn't be required to carry the emancipated, unrelated to you legally, minor!!!!

    However, I wouldn't broadcast or share this with anyone.

    I'm not advocating or advising you to do it, either.

    I'm simply responding to your idea's efficacy.

    He should still seek further clarification from his employer, before making any changes.

    A variation on your idea, is for you to add him during the annual enrollment plan held by your employer, and by his.

    That could effectively leave her in the cold, where she deserves to be anyway.

    There still might be some oddball provision forcing him to keep her insured.
     
    Lisa3475 likes this.
  19. Lisa3475

    Lisa3475 Law Topic Starter Member

    Messages:
    53
    Likes Received:
    1
    Trophy Points:
    8
    Thank you. We will call his insurance, and I will talk about the cost of having everyone insured thru my employer. It's driving me crazy that she won't work bc of anxiety. I have a handful of medical problems I'm treated for, and I've always worked and taken care of my children anyway. If I can get a degree and work full time while having multiple abdominal surgeries and bipolar, it seems like she can pop one of her xanax and get a job.
     
  20. army judge

    army judge Super Moderator

    Messages:
    35,243
    Likes Received:
    6,180
    Trophy Points:
    113


    I agree with you 1,000%.

    I suspect she's using anxiety as a way of avoiding what she has become, a drug abuser.

    Most people call them addicts, euphemism for drug abuser.

    Please let us know how this develops.
     
    Lisa3475 likes this.

Share This Page