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When are my children no longer considered dependents, for Insurance Purposes?
that is, How long can a child stay on their parents medical or health Insurance policy?
What is the definition of Dependent in Health Insurance?
Obama's Plan
SEC.
§2714. EXTENSION OF DEPENDENT COVERAGE.
(a) IN GENERAL.—A group health plan and a health insurance issuer offering group
or individual health insurance coverage that provides dependent coverage of
children shall continue to make such coverage available for an adult child (who
is not married) until the child turns 26 years of age. Nothing in this
section shall require a health plan or a health insurance issuer described in
the preceding sentence to make coverage available for a child of a child
receiving dependent coverage.*
(Self Employed Deduction to age 27)
Regulations HHS.Gov
LA Times 4/4/2010 Article
Blue Cross FAQ's 4/30/2010
Blue Cross Small Group Administrative
Manual
Blue Shield will cover up to age 26 as of 4/21/2010
5/13/2010 update
HHS
Fact Sheet
HHS FAQ's
Health Net
FAQ's
Definition of Dependent IRC
§152a) ''dependent'' means any of the following individuals over half of whose support, for the calendar year in which the taxable year of the taxpayer begins, was received from the taxpayer (or is treated under subsection (c) or (e) as received from the taxpayer): IRS Publication 501
When your child/stepchild gets married or turns 23 (whichever comes first), the child is no longer considered your dependent.
There is one exception: when your child turns 23 but is incapable of self-support because of a physical or mental disability that has existed from before the age of 23. In this case, the child may remain a dependent until the incapacity ends. Staying on Health Plan if Disabled
Eligible Dependents
The following persons, if not otherwise covered as subscribers in your Blue Cross plan or in military service, are considered eligible dependents:
• The lawful spouse of the opposite sex -
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so, if you're getting divorced you can stay on, till the divorce is final. You're spouse cannot take you off the coverage out of spite - Standard Family Law Restraining Orders FL 110 |
• A certified domestic partner See article on State Bar Web site
• Any unmarried, biological or legally adopted child (see "Children" subsection for age requirements)
• A stepchild of the subscriber or enrolled spouse
• A child (ward) of a subscriber or the subscriber’s enrolled spouse who is named the permanent legal guardian
• A dependent child of a domestic partner, only if he/she is the employee’s biological or adopted child and only if domestic partner eligibility has been elected by the employer Source Page 15 Blue Cross Administrators Guide AB 1672 Definition of Dependent Health Net - Page 18 Employer Manual Blue Cross Individual Dental Definition - Page 11 of their brochure
Dependents (age 19 through 23) attending school full-time, include name of dependent, name/address of school, and number of credits Pacificare Individual Definition
Family Law Code 3751.5 Right of Other Parent to Obtain Medical Information
Over Age Dependent Form - Health Net
Blue Shield Individual
Page 7 pdf.blueshieldca.com/
Page 43 id
Effective January 2009,1
California law SB 1168 protects coverage for dependent students on leave. A
similar federal law, HR 2851, goes into effect in October, as contracts renew.
| Commercial health plans and insurers are prohibited from
terminating coverage for full-time dependent students over 18 during a break
in the school calendar or a medically necessary academic leave of absence. |
| Coverage continues for up to one year or until coverage
is scheduled to terminate under the plan’s terms and conditions, whichever
comes first. |
| Documentation of the medical necessity must be submitted
to the Insurance Company if the health plan certifies the students for
coverage.
kp.org/HR2851 |
When your child is no longer eligible, under a group plan
there would be COBRA or
Cal COBRA and in an Individual & Family
Plan, they should just be able to complete a change request and get their
own policy GUARANTEED ISSUE, at their OWN age for the same terms and
benefits as the parents. |
