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State of NJ dropped me from husbands health policy

Discussion in 'Health Insurance, HMO, HIPAA & Disability' started by TeresaR, Feb 1, 2010.

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  1. TeresaR

    TeresaR Law Topic Starter New Member

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    My husband and I have been seperated since 2001. He is retired from State Corrections the state says I am no longer qualified to receive benefits as a spouse. They dropped me from our health insurance. My husband has tried to fight it for me but to no avail. Is this even legal? I had to move to Ct. for a good paying job its a 5 year contract, does this matter? When did the state get to say when a couple should call it quits? I'm really mad! He made me promise as long as he keeps me with health ins. I wouldn't touch his (our) pension. We were living together for 21 years before he left. Most of them were during the pension building years I stayed home with the kids he worked for our retirement. I got the bad end of the deal.
     
  2. cbg

    cbg Super Moderator

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    Of course it is legal. Where did you get the idea that the state, or any other employer, is required to cover dependents? In fact, with the exception of MA and HI, employers are not even required to cover employees.

    The plan document of the insurance policy (this is NOT the same as the employee handbook) will say who is an eligible dependent and who is not. It is by no means unusual, and quite legal in all states, for the dependents of a retired employee NOT to be covered. If that is the case, or if you do not fit the description of a covered dependent for any reason, then nothing you, your husband, or any attorney up to and including the Attorney General of the state of NJ, can do to force the state to continue to cover you.
     
  3. TeresaR

    TeresaR Law Topic Starter New Member

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    Thank you for your input. I guess my next step is to find out why I'm not qualified and just go from there.
     

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