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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. hrforme

    hrforme Active Member

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    If she is emancipated, you need to let the doctors', hospitals, etc know that while she is on your insurance, you are not financially responsible for her bills. It's not the insurance company that is charging you (outside of the premiums paid each month by your dh's employer and himself) but rather the service providers. Probably because she is 17 they think you are responsible -- have you in the past signed for that responsibility for those doctors? If so, you might at least revoke it for any further copays, cost sharing, etc.
     
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  2. Lisa3475

    Lisa3475 Law Topic Starter Member

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  3. Lisa3475

    Lisa3475 Law Topic Starter Member

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    We have not signed anything saying we are responsible since the emancipation. Before we got custody of her, her mother wouldn't file anything on my husband's insurance bc we were in the process of locating them. We had her committed for a few months bc she ran away and assaulted an officer, and those were the only papers we signed...she was not emancipated at that time tho. We havent seen her since she was released and emancipated. We dont even know where she lives, but we know which doctors she is seeing bc of the bills :/
     
  4. cbg

    cbg Super Moderator

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    For the record: I work with employee benefits for a living and have done so for a great many years.

    Under the ACA, a parent has the right to continue coverage on their adult children until the age of 26. However, nothing in the ACA or any other law requires the parent to provide that coverage. IF THE PARENT CHOOSES TO, the employer and the insurance carrier must allow it. But the parent has the choice. Anyone, including our beloved AJ and for that matter BCBS, who says the parent has no choice about it is wrong.
     
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  5. Lisa3475

    Lisa3475 Law Topic Starter Member

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    She has tried to fudge legal papers before with her first attempt at emancipation, so I wouldn't doubt if she forged his siggy. Shes eligible for Medicaid tho, so we dont understand. We shall find out tomorrow.
     
  6. army judge

    army judge Super Moderator

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    There you go, you'll learn a great deal more on the morrow.

    I suspect the answer is somewhere along the lines of what @hrforme proposed.

    It makes even more sense upon reflecting about the $7K expenditure your family has somehow been forced to spend.
     
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  7. hrforme

    hrforme Active Member

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    Agree with cbg that you can drop her, but while you can choose to drop her from coverage, you have to do it within certain time windows -- like during open enrollment or for a qualifying status change. I am not sure that emancipation would count as a qualified status change, so you only choice might be to wait until the next open enrollment period. Hopefully cbg will be able to confirm whether emancipation is a qual change -- something like marriage, divorce, new baby is, but this is the first time I have run across dropping due to emancipation and honestly you may have only had 30-60 days from that date to do so until the next open enrollment period.
     
  8. army judge

    army judge Super Moderator

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    @hrforme

    OP said:"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."

    This saga has drug on for two years, through two open enrollment periods.

    It seems unbelievable, but I accept OP's pronouncement that she's endured two years of, "Oh, no you can't drop her!"

    As you proffered, the $7K seems to be accumulated co-pays etc...

    The person was only an emancipated minor the first year.

    She became an adult and achieved majority status by the second year.

    It begs the question, what was the purpose of emancipation?

    So, I reviewed Arkansas law regarding emancipation:

    https://www.arlegalservices.org/files/PROSEFORM-EmancipationPacket.pdf

    Bizarre, to say the least, as parental approval isn't required in Arkansas for a minor to be emancipated.
     
  9. cbg

    cbg Super Moderator

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    I very much doubt that legal emancipation would be considered a qualifying event; however, if she is 19 now she is emancipated by virtue of age no matter what may have happened to emancipate her in the past.

    Our poster will now ONLY be able to drop her daughter from coverage during an Open Enrollment period or within 30 days (maybe 60 depending on the plan, but more likely 30) days of an IRS-approved qualifying event. Among the qualified events would be marriage or obtaining other coverage.

    During the Open Enrollment period she will want to confirm with her HR/Benefits that she is doing it right. If she's tried and failed during previous OE's, that indicates that she is not following the proper procedure to do so. It does not benefit the employer at all to be continuing coverage for her; they would have no reason to hold the daughter on regardless of the OP's wishes otherwise. In fact, while it's mostly neutral, if anything the benefit to the employer would be in dropping the daughter. So I can't imagine any reason they would refuse to drop an adult child whose mother does not want to provide coverage unless the procedures are not being followed.
     
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  10. Lisa3475

    Lisa3475 Law Topic Starter Member

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    The employer got her birthday wrong on their end of the paperwork this time. :/ We are fighting with them about removing her, even tho it's not open enrollment due to their mistake.
     
  11. army judge

    army judge Super Moderator

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    Wow, just wow...

    What a nightmare, and none of it your doing.

    BTW, where is the person's birth mother?

    Or, have you been saddled with that role, too?

    Your husband should recognize what a patient, kind, good-hearted person you are to endure this situation NOT of your doing.
     
  12. Lisa3475

    Lisa3475 Law Topic Starter Member

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    We haven't seen her birth mother since the custody hearing several years ago. She is a drug addict, so we don't miss her at all. I just want what's best for all the kids, even if his 3 aren't biologically my own. Since the daughter left, my 2 kids and his other 2 kids have been more respectful. We are saddened about his daughter, but we just can't handle anymore of her nonsense. I offered to pay for her GED & help her study, but apparently that's boring. Hopefully we can get the insurance fixed ASAP.
     
  13. cbg

    cbg Super Moderator

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    The birthday is really immaterial to the fact that due to IRS regulations, they MAY NOT remove her at any time but Open Enrollment or an IRS-approved qualifying event. They're not just being obstructionist.
     
  14. Lisa3475

    Lisa3475 Law Topic Starter Member

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    We have tried to drop her during 2 open enrollments, but HR messed up the paperwork.I had copies faxed to my work this morning, and I can see the obvious mistakes. The husband texted a bit ago saying he was headed to the front office to give them an earful. He is oblivious to what paperwork means and all that, but i am unable to miss anymore work to help him. Their mistake has cost us thousands.
     
  15. hrforme

    hrforme Active Member

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    I'm confused as to how this cost you thousands. Did you pay more in premiums because his daughter was on your plan? Usually employer plans have a family category regardless of the # of children. Is yours by # of dependents? Because didnt' you state you are covering other children?

    Otherwise, if your stepdaughter wasn't on your insurance, she still could have gotten the medical treatment and then your husband and her mother would have been responsible for the bills. Just because she used your medical coverage doesn't mean you are responsible for the bills unless he or you signed financial responsibility with the medical offices that your stepdaughter used. OR if the mom did and dad was responsible for part based on a child custody order.

    Have you spoken with the actual drs/treatment centers that claim you owe them (outside of the insurance coverage issue)?
     
  16. Lisa3475

    Lisa3475 Law Topic Starter Member

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    We were sent the bills from her doctors' visits and surgeries after she was emancipated and after she turned 18. The bills were sent to collection bc we didnt pay them, even tho she is an adult & was an adult at the time. They were in my husbands name, and we tried to explain the situation to no avail. I called her current doctor office yesterday to say we were not responsible for her bills, and to let them know to send the bills to her current address which we do not know. They are still insisting we are responsible bc she has no income and our address listed as her residence. When I get off work, I'm going to the doctors office in person bc I don't think they understand that she does not live with us and hasn't in years. I shouldn't have to explain that we are not responsible for another adults bills.
     
  17. Lisa3475

    Lisa3475 Law Topic Starter Member

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    My husband has a group insurance plan, so no extra cost there. We think his daughter told him to bill us for the remainder. It's a little town, and I am able to have my office bill me...so I can see her doctor allowing that, being that she is 19 with zero income.
     
  18. Lisa3475

    Lisa3475 Law Topic Starter Member

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    Should I let the doctor's office take us to court, so it can be explained to the judge that we are not responsible for her anymore? I get the office just wants their money, but they are refusing to send her the bills while pursuing payment from us. We haven't agreed to pay for any of her bills, rent, food, etc since she was released from inpatient and emancipated, we haven't even seen her. Although at this point, it's sadly best that we don't cross paths. I've tried to keep a level head throughout this, but I just can't with her anymore.
     
  19. army judge

    army judge Super Moderator

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    It's time for you and your husband to visit a local attorney, discuss this entire sordid affair with him/her and discover the legal remedies available to your family.

    Please let us know what you learn, as I am always open to learning new things.
     
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  20. Lisa3475

    Lisa3475 Law Topic Starter Member

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    I was afraid we'd need another lawyer...another couple grand down the drain. Fantastic.
     

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