Non-custodial Mom wants insurance card

[catherine]

The ER isn't going to refuse treatment because Mom doesn't have the card.  All she has to do is call Dad and he can provide all of the info to the ER.  Many people go to the hospital and forget their insurance info and they aren't refused treated.  

In fact, as far as I know, if Mom wants to take the child here or there for medical appointments, all she has to do is have the office call Dad and he can provide the info and fax a copy of the card into the office if necessary.

In our case, PB isn't ever getting my insurance card because I am the one that has insurance on the skids and my policy number is my SSN.  DH is CP.  If she ever needs to take them for treatment, the facility can contact us and we will happily provide them with any information they need.

[FLMom]

The problem isn't about the mom---it's about the CO.

I don't know where you're at, but in my state the parent with insurance is required by law to provide the other parent with an insurance card.

You need to go back and change your CO. Gather up all of your proof of her overusage (borderline obsessive cough cough). File a motion to ammend the final judgment. It's perfectly reasonable to ask that:

1) Your child go to only one pediatrician, and it be the one that is on your insurance. Put the name of the practice into your CO. Even better would be if it was the pediatrician that your child has gone to all of his/her life---then you could also state the stability factor for your child.

2) If either parent feels that the child is in need of medical care, both parents must be in agreement PRIOR to the child being taken to the doctor. If no agreement can be reached then the judge will decide.

3) Pediatrician will be Dr. XX, Dentist will be Dr. VV, vision specialist will be Dr. ZZ, hospital will be JJ Medical Center, and pharmacy will be store YY. Parent with insurance provides these offices and this store with all insurance information (therefore there is no need for the other parent to have a copy of the insurance card).

This arrangement has worked really well for us. See, I had the opposite problem. My ex didn't want to take the time off of work, so he would send kids to school with ear infections, strep throat, bronchitis, etc. His new wife held the insurance to our kids so I wouldn't be told anything even if they DID manage to take them to the doctor. The animosity that had festered about the medical issues made it so he wouldn't call and let me know anything.

Now I know ahead of time. Now I know which doctors the kids will be going to. I can reference online what meds they're on. As I now carry the insurance he doesn't need copies cause the billing department has all the information.

By the way, once everything is written out cut and dry, it takes a lot of the ridiculousness out of the situation.

Good Luck,
FLMom

PS- Edited-Went back and re-read the posts. It doesn't have to be the parent with primary that makes these decisions. I carry the insurance, but ex is primary and we have joint legal. If it's entered into the CO it takes the place of the state's rule of providing the insurance card to the other parent.

And duh to me, I'm guessing you're in Tennessee, lol.

[catherine]

Please show me the law where one parent is required to provide the other with an insurance card.

Edited to add - this is in Statute 61
"3.  Access to records and information pertaining to a minor child, including, but not limited to, medical, dental, and school records, may not be denied to a parent because the parent is not the child's primary residential parent. Full rights under this subparagraph apply to either parent unless a court order specifically revokes these rights, including any restrictions on these rights as provided in a domestic violence injunction. A parent having rights under this subparagraph has the same rights upon request as to form, substance, and manner of access as are available to the other parent of a child, including, without limitation, the right to in-person communication with medical, dental, and education providers. "

That doesn't mean you are required to provide the insurance card...just to provide information about Dr's, schools, etc.

[FLMom]

If judges went word for word by the statutes, they'd be making addendums 24-7.

Take this as an example. What you quoted from the statutes is correct, as in there is no specific time or notation concerning an "insurance card".

However, if you go to section 1 of 61.13 you will see a "just in case" scenario.

"1.  In a non-Title IV-D case, a copy of the court order for health care coverage shall be served on the obligor's union or employer by the obligee when the following conditions are met:

a.  The obligor fails to provide written proof to the obligee within 30 days after receiving effective notice of the court order, that the health care coverage has been obtained or that application for coverage has been made;

b.  The obligee serves written notice of intent to enforce an order for health care coverage on the obligor by mail at the obligor's last known address; and

c.  The obligor fails within 15 days after the mailing of the notice to provide written proof to the obligee that the health care coverage existed as of the date of mailing. "

Judges, as you know, have wide discretion. They can and do apply this  scenario. Judges know that the person that holds the insurance is not going to supply a copy of the handbook and explanation of benefits to the other party, so they substitute the insurance card as proof of insurance, with the other party receiving this proof within 30 days. This is how this was explained to me by my lawyer.

TennesseeDad has some very valid problems. Unfortunately, until he changes the CO to solve these issues it's just going to happen over and over again. We can quote statutes or lack of specific wording, but it's still not going to solve the problem.

If his ex is 1) screwy re: doctors or 2) out to be vindictive and cause him financial hardships by his share of the bills, this is obviously an ex that cannot be rationalized with. What's going to happen when she starts pestering this current doctor with everyday phone calls? What if, heaven forbid, she took TennesseeDad to court for witholding her right to medical information?!

A judge will see this as rational forethought to head off future events, i.e. they won't be back in his courtroom for round five of this three years from now. :-)

FLMom

[MYSONSDAD]

I am required to provide the insurance card. Within 30 days of expiration on the old card.


"Children learn what they live"

[catherine]

The part you quoted is indeed the case, but I guess we are a little opposite because my husband is the obligee and is required to have insurance - not the obligor.  We did it this way because she is not responsible enough to hold a job and have them covered at all times.  They are on my policy (stepmom) because I have better insurance than my DH.  And she still ain't getting my insurance info because my SSN is my policy number!  She would have to take us to court for that - and even then I guess first, she would have to actually give two sh*ts about their health :(

I think TenesseeDad is going to have to go to court to get exclusive medical rights and shut the biomom out of that arena if she continues to abuse it.

[catherine]

that the CP needs the insurance info because technically they are with the CP more and more likely to need medical care while with them.  We are a little opposite because DH is the CP but we have the insurance on them.  If anything happened to them while in the NCP's care, we would be there to give the hospital or dr or whatever any info they need.

[MixedBag]

Read through the posts/answers below because right now I am the NCM and I want my EX to provide me with his insurance cards as well......and he won't.  Heck, insurance company information changed on Jan 1st, and he hasn't "told" me about that either -- I found out myself.

It's a "problem" in our divorce as well....

He's the CP.  The order says "Mom will provide insurance through the United States Air Force."  That was my current employer at the time of the divorce.  I'm retired now.  The order also says that we are to split 50/50 any uncovered stuff.  

One person said that you're NOT focused on what's important -- the child.  I think that's right.

Before I retired, Step-dad picked up a job with great benefits.  So we enrolled the wole family, because upon my retirement, the level of benefits would change (from 100% coverage on just about everything to co-pays and deductibes upon retirement).  CP REFUSES to use and list that insurance, so I had to go behind him and do that.

In the same year, EX picked up son on his insurance (didn't tell me) and now insists that HIS insurance be primary.  I really don't have a problem with that at all -- it's the lack of cooperation to get stuff properly processed that's the problem.  And not even being TOLD about appointments -- and then add not being told what he was really diagnosed with....you get the idea.

You said that she's abusing the "system" and has caused unnecessary bills.  

Personally, I think you need to separate your problems and not use "not giving the insurance cards" apart from the her actions.  To me it's like connecting child support with parenting time which is wrong.

If you have a problem with her actions (which you do), then get that fixed in court.  Exchanging insurance cards (or providing insurance cards) is a whole different subject.  Yes, I understand that if you walk into an emergency room, no one is going to deny service.  But it sure makes things run smoother....and I know our emergency room would require payment in full up front if they couldn't verify insurance coverage by calling the CP if I didn't have cards present.  Heck, I even got into it once with them because on the front of the card I did have (from Step-dad/Blue Cross/Blue Shield), it clearly said that even if they take a copy of the card, it doesn't guarantee that there's coverage.

What do you think the judge is gonna be thinking when you go into a court room and say she created unnecessary bills and she says "He wouldn't do something as simple as give me a copy of the cards?"  

DH's EX (this was a while ago), was taking their children to "out of network area" providers and created some bills that way too.  He took it as an issue to court and the judge ruled in his favor.  That's what you have to do.

I'm not 100% in agreement in getting an order down to naming the doctor's in an order as a solution, but it would probably help if you got to pick the final doctor/dentists etc in your situation.  Wouldn't work with us because I'm in AL and he's in WV -- and it would be ridiculous for me to have to "run back to WV" when he's here for longer periods and needs to see a doctor......but if you guys are geographically close, then go for it.

Also, let me clue you in on something -- if your EX has to take or simply takes your child to a doctor and they ask for the insurance cards, my response would be "I've asked him and he simply refuses -- here's his number to call him to get a copy of the card.  Maybe he'll be more civil with you."  And since the person over the counter is focused on the card -- the CP/non-cooperative parent looks like the fool because this is such a simple thing when you're focusing on the child and not the bitter feelings against the EX.

Hope that helps you.....I know the order doesn't say give her the cards.  And whether or not the state's codes say it or not -- I think that's all besides the point.  If your focus is truly on the child, you'll exchange or provide the information and then focus on the other issue separately.

and by all means -- go after her on the money issue that she's created.

[LizaLou1]

Avoiding any and all roadblocks to emergency care, in or out our area or (especially out of state vacations or living), is my overriding concern.  

In our area not all hospitals are public and a private hosptial will turn you away without an insurance card.  Since emergencies are not planned, I personnally would not want to make my ex (NCP) "find" me before getting emergency care for our child.  Especially since I travel for my job and I'm not always immediately available.  

We also gave a card to each of DH's children age 13 and 15 (and his out of state ex).  One child lives with us and the other doesn't.  Each case is different and I'm sorry for your troubles.

RE the SSN on the Card, I thought HIPPA, required that policy numbers no longer be SSN.  We were sent a letter and re-issued ards changing the number... so were my in-laws.  

Lizalou

[Tennessee Dad]

I haven't checked this in a day or two, and look at all the response.  

Let me clarify; I am CP, Mom is NCP.  I have chosen the Dr. I want our daughter to see; BM doesn't agree with my choice.  (When BM was CP, I had no choice but to agree.  BM made all the decisions, no discussion.)  BM is listed with Dr. as able to request service, and receive information.  I am not trying to keep anything from her, only trying to limit unnecessary medical treatment.  The local hospital also has my information on file, so that would not be an issue.  

I want daughter to be taken care of, but BM has abused the system before, and will without a doubt abuse it again.  The Dr. and hospital I have chosen are both in BM's hometown.  Should daughter need treatment when with BM, that should not be an issue.  I told her if she had plans to take daughter out of town, I would reconsider; but for now I don't see a need in her having the card.