Cancelled Insurance, Just Found Out

[chilli123]

So what to do if you just found out that the STBX cancelled insurance for you and your child from a previous marriage before the divorce is final?

This may have actually happened before STBX was served, but was also not during the open enrollment period of her employer so it would not be legal or qualifying event per what I have read. Worst part is the STBX didn't even bother to advise me of the fact that she was did this so I found out after the Dr appt. Now we have no insurance and no qualifying event to get covered since it happened over a month ago.

Just gets better and better with this woman...

[ocean]

If you are not divorced yet, it is illegal (in my state anyway) to drop health insurance before the final divorce is signed. Going to have to file in court, see if you they will allow you to file emergency hearing or if you have a court date coming up make that priority to be dealt with. If you have lawyer, they may be able to send her a strong letter to add you back on or she will be responsible for medical bills.

At same time, see if you qualify for state health benefits (they can be back dated to cover last dr appt). If you can get health through your job, add it (qualifying event will be you lost insurance). You were going to have to get insurance eventually although what she did was wrong and might have been against the law. Depending on how far into the divorce process you are, might not be worth it to file in court but use it against her in the proceedings.

[chilli123]

I was researching what to do about this last night. Sucks.

Canceling your insurance apperantly is not a qualifying event so that creates a problem in obtaining new insurance from my employer. I have no proof either that coverage was canceled.

I left message for my attorney but also going to call the states insurance commission and call the plan provider to advise this was illegal and they need to reinstate retroactively. Will let you know how that goes...

[tigger]

It depends on what state you're in.  Some states allow it from "date of separation" which would be stated in the in the Consent Orders for the separation. 

[chilli123]

Ok so I talked with my HR rep today and asked how they would handle a situation like this if one of our employees did something like this. They instructed me this was not legal to cancel a plan outside of the open enrollment period without a qualifying event per the IRS under Section 125.

www.irs.gov/Government-Entities/Federal,-State-&-Local-Governments/FAQs-for-government-entities-regarding-Cafeteria-Plans

I went ahead and contacted her HR department and advised them this was illegal and gave them my contact number. Next I contacted the State Insurance Commision, who told me this was not their area and was redirected to the Department of Labor Employee Benefits Security Administration. They took down all the details of my complaint and contact information for STBX Company and HR department. I was assured an investigation would be under way promptly and they would get back to me next week.

http://www.dol.gov/ebsa

Will report back what happens...

[chilli123]

It depends on what state you're in.  Some states allow it from "date of separation" which would be stated in the in the Consent Orders for the separation.

We are not "legally" seperated at this point and the preliminary injunction for my petition for disolution of marriage specifically states that she cannot cancel health insurance for my son and I. The only way she could drop us was by lying to her employer that there was a court ordered divorced or legal seperation. Neither of these things have happened so who knows how this is going to shake out???

My son not being covered by health ins. is not OK. That is just plain mean spirited and hopefully it gets rectified until we can sort the rest of the details out.

[MixedBag]

biggest lesson that you learned here is that SOMETIMES there are other avenues of recourse in addition to family court.

WTG!

[chilli123]

Just wanted to do a quick update on this for anyone who finds themself in a similar situation...

Definitely call the Dept of Labor and report this fraud ASAP. Once the investigation begins and the qualifying event is determined to be a lie you will get health coverage back for your child and anyone else dropped from the plan.

I don't know if her employer will do anything more than reinstate and I honestly don't care, I just want my son to be covered until I can legally get him on another plan due to a legitimate qualifying event.

Hope this helps someone

[MixedBag]

can you use the "event" to put him on yours?

[chilli123]

@MixedBag

There was NEVER a qualifying event in the first place. So no, I couldn't get on my employers plan without lying that there was one. That is called fraud and I had no intention of doing that in order to get covered.