Dependents

Disabled Adult Children can stay on Parent’s Health Plan past age 26

California Law – Disabled Child – Health Insurance 

CA law allows your incapacitated, handicapped, mentally ill or #disabled child over 26 to remain on the parents group or individual policy, indefinitely, as long as they were disabled before that.

FAQ’s

What do the Big Words Above Mean?

What does #ChieflyDependent mean?

Chiefly dependent”  means that the person receives fifty per cent or more of his/her support from his/her parent(s), the insurance contract itself does not define “dependent.” The United States Court of Claims held in Odlin v. U.S., NY.Gov * Covered CA  that “chiefly dependent” does not have an explicit definition but rather “each case…must stand upon its own particular facts, and that no hard and fast rule can be laid down arbitrarily fixing the value of property, or the amount of income received…as entirely determinative of the question as to whether [a person] is ‘dependent’ within the meaning of the law.”

While the company’s interpretation of the phrase “chiefly dependent” doesn’t appear to be unreasonable, only a court of competent jurisdiction may make a conclusive determination.   Odlin v. U.S. New York State Analysis

IRS Definition of Dependent section §152.  *  IRS Interactive Assistant * IRS Publication 501 on Dependents

If your child is dependent on you, consider life insurance to take care of your child when you are gone. Disability in case you get ill and can’t work and Long Term Care, in case you can’t take care of yourself.

In Covered CA, (we are authorized agents) there may be issues with subsidies – MAGI Income.

Considering that everything is guaranteed issue, with no Pre X starting 1.1.2014, I didn’t  think this page would be relevant anymore, but it gets a ton of hits!

FAQ’s 

 

What is
#Self Sustaining Employment?

 

IRC Internal Revenue Code §152(c)(3)(B):
Definition of Dependent

Special rule for disabled.

In the case of an individual who is permanently and totally disabled (as defined in section 22(e)(3)) at any time during such calendar year, the requirements of subparagraph (A) shall be treated as met with respect to such individual.

IRC §22(e):
(3) Permanent and total disability defined.

An individual is permanently and totally disabled if he is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months. An individual shall not be considered to be permanently and totally disabled unless he furnishes proof of the existence thereof in such form and manner, and at such times, as the Secretary may require. The ABD Team *

 

FAQ’s

Legal Duty to support adult disabled children?

Sample Policy & How to Read & Interpret It

Specimen Individual Policy #EOC with Definitions

Employer Group Sample Policy

It's often so much easier and simpler to just read your Evidence of Coverage EOC-policy, then look all over for the codes, laws, regulations etc!  Plus, EOC's are mandated to be written in PLAIN ENGLISH!

Specimen Policy with Definitions

VIDEO Steve Explains how to read EOC

Videos by Steve Shorr

Excerpt from “typical” Group plan:

4) If coverage for a Dependent child would be terminated because of the attainment of age 26, and the Dependent child is disabled and incapable of self-sustaining employment, Benefits for such Dependent child will be continued upon the following conditions:

a) the child must be chiefly dependent upon the Subscriber, spouse, or Domestic Partner for support and maintenance;

b) the Subscriber, spouse, or Domestic Partner must submit to Blue Shield a Physician’s written certification of disability within 60 days from the date of the Employer’s or Blue Shield’s request; and

c) thereafter, certification of continuing disability and dependency from a Physician must be submitted to Blue Shield on the following schedule:

i. within 24 months after the month when the Dependent child’s coverage would otherwise have been terminated; and

ii. annually thereafter on the same month when certification was made in accordance with item (1) above. In no event will coverage be continued beyond the date when the Dependent child becomes ineligible for coverage for any reason other than attained age.  * [See also Conditions of Enrollment Page B 56 *  Dependent Definition Page B 70] EOC

Guide to #Contract Interpretation 

#Plain Meaning Rule
How to read a policy

How to read and figure out the law or Insurance Policy Provisions - Evidence of Coverage

  • Read the Statute – Policy
  • Read the Statute – Policy
  • Read the Statute – Policy

guide to contract interpretation

  • Plain Language Video
  • Tools to Read a Statute VIDEO
  • Contract Interpretation in California: Plain Meaning, Parol Evidence and Use of the Just Result Principle
  • More on How to read a contract - Insurance Policy 

  •  

     
    The language of the text of the statute or  Evidence of Coverage EOC  should serve as the starting point for any inquiry into its meaning.    To properly understand and interpret a statute, [first] you must read the text closely, keeping in mind that your initial understanding of the text may not be the only plausible interpretation of the statute or even the correct one, per Justice Felix Frankfurter . Guide to Reading & Interpreting  *  American Society of Healthcare Risk Management    and * Wikipedia.
  •  

    The starting point in statutory construction is the language of the statute - Evidence of Coverage itself. The Supreme Court often recites the “plain meaning rule,”  as in, King vs Burwell Subsidies in Health Care.Gov upheld, that, if the language of the statute is clear, there is no need to look outside the statute to its legislative history in order to ascertain the statute’s meaning.

  • Parol Evidence Rule Wikipedia - Contract stands by itself - can't bring up discussions or agreements that were prior to actually signing the written Contract

  • The plain meaning of the contract will be followed where the words used—whether written or oral—have a clear and unambiguous meaning. Words are given their ordinary meaning; technical terms are given their technical meaning; and local, cultural, or Trade Usage of terms are recognized as applicable. The circumstances surrounding the formation of the contract are also admissible to aid in the interpretation.  West’s Encyclopedia of American Law,

  • A cardinal rule of construction is that a statute should be read as a

    Harmonious Whole,

    with its various parts being interpreted within their broader statutory context in a manner that furthers statutory purposes.  A provision that may seem ambiguous in isolation is often clarified by the remainder of the statutory scheme — because the same terminology is used elsewhere in a context that makes its meaning clear, or because only one of the permissible meanings produces a substantive effect that is compatible with the rest of the law.”

  • In Edgar v. MITE Corp., 457 U.S. 624 (1982), the Supreme Court ruled: “A state statute is void to the extent that it actually conflicts with a valid Federal statute.” In effect, this means that a State law will be found to violate the supremacy clause when either of the following two conditions (or both) exist:[3]

    1. Compliance with both the Federal and State laws is impossible, or
    2. “…state law stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress…”

    Supreme Court - FINAL Ruling - Plain Meaning - No Jiggery Pokery 47 Pages, view our highlights, annotations & bookmarks

Our webpage on

Social Security Disability – For Comparison Purposes – Can’t Work?

#SocialSecurityDisability
Factors in Evaluating 

Table of Contents

DISABILITY DETERMINATIONS

600. Who qualifies for disability determinations?
601. What is a “medically determinable” impairment?
602. Impairment Lasting or Expected to Last at Least 12 Months
603. Definition of Substantial Gainful Activity
604. Independent Determinations Under the Social Security Act
605. Does SSA make disability determinations on a disability-rating schedule?

MEDICAL EVIDENCE

606. Medical and Other Evidence as Basis for Decision of “Not Disabled”
607. Medical Evidence as Basis for Decision of “Disabled” -- Listing of Impairments

DISABILITY EVALUATION

608. What if your condition does not meet or medically equal a listing?
609. Evaluation Considering Age, Education, and Work Experience
610.
611. Does your employment condition affect a disability determination?

EVIDENCE OF DISABILITY

613. Are you considered disabled if you are receiving treatment for an impairment?
614. Evidence of Disability
615. Categories of Evidence
616. Consultative Examinations
  Compassionate Allowances program identifies claims where the applicant’s disease or condition clearly meets Social Security’s statutory standard for disability.

SUBSTANTIAL GAINFUL ACTIVITY

617. Importance of Substantial Gainful Activity
618. How does work at the substantial gainful activity level affect disability?
619. Definition of “Activity”
620. Significance of Earnings
621. How are your earnings as a self-employed person considered in determining substantial gainful activity?

DISABILITY STATUS CEASES

622. When are continuing disability reviews conducted?
623. When does disability end?

Parents & Care Givers

Check out our webpage on getting your own private disability coverage, in addition to Social Security Disability or SDI State Disability Coverage

 

FAQ's 

 

 

All our plans are Guaranteed Issue with No Pre X Clause
Quote & Subsidy #Calculation
There is No charge for our complementary services

Guaranteed Issue - No Pre X Clause - Quote & Subsidy Calculation - No charge for our complementary services - If not in CA click here for Nationwide Quotes

Watch our 10 minute VIDEO
that explains everything about getting a quote

Full detailed explanation of how to use our quote engine video

What Parents Need to Know about #Special Needs Trusts
VIDEO 

you tube videos

 

Trans America
Special Needs Trust Brochure

Special Needs Trust Brochure

#Nolo Special Needs Trusts

Nolo Special Needs Trust

 

  • FAQ's
  •  
  • When does the trust actually get funded, go into place, become effective?
    • See page 47 of Nolo's book on Special Needs Trusts - The best known way is to specify what assets go into the trust at your demise. Be careful of probate, page 48. See Revocable Living Trusts on Page 50. Where a living trust can fund a Special Needs trust at your passing. See page 140 about actually creating the Special Needs Trust
      • See chapter 2 for what payments and benefits the child can get

FAQ’s 

What about #Selfb Insured Plans?

Answer: What does the evidence of coverage – EOC say?

Please send your EOC to us or at least take a photo of your ID card with your Smart Phone and send to us. We don’t post individual identifiable information. We might then be able to search and find your EOC Evidence of Coverage and it would be so much easier to show you the benefits you have in your policy.

Pro

The Affordable Care Act, also known as the ACA, specifies requirements and guidelines in a number of different areas that are relevant and applicable to self-funded employers. Below is a summary of these provisions.

Disabled children who meet the requirements for enrollment, however, do not become ineligible at age 26. Providence.org

ADA NCBI.NLM.NIH.gov

The ADA protects against disability-based discrimination in employment, governmental and commercial activities, transportation, and telecommunications.

ADA Title V allows bona fide insured or self insured employee benefit plans to make some health-related distinctions for risk classifications based upon, or not inconsistent with, state law.

However, all such provisions are allowable under the ADA only if they meet the requirements of applicable state law and are not used as a subterfuge

Disability-based distinctions involving dependent coverage will be analyzed in the same fashion as disability-based distinctions in employee coverage Cornell.edu

The Department of Labor has instituted disability nondiscrimination regulations which may apply to those with “health factors.” The regulations are complex; setpnowskilaw.com

Con

CA Department of Insurance does not regulate Self Insured Plans Insurance.CA.Gov

Self-funded Health Plans–Federal or Governmental:

Although the business of insurance is primarily regulated by the state, a number of federal laws contain requirements that apply to private health coverage, including ERISA and HIPAA. ERISA was enacted in 1974 to protect workers from the loss of benefits provided through the workplace; and in 1996, HIPAA was motivated by concern that people faced lapses in coverage when they change or lose their jobs.

Most self-funded health plans operate under ERISA and are health benefit arrangements sponsored by empoyers or employee organizations. Under a self-funded arrangement, the employer retains the responsibility to pay directly for health care services of the plan participants.

In Connecticut, self-funded health plans cover approximately 50% of the privately insured citizens.

ERISA does not require employers to establish any type of employee benefit plan, but contains requirements applicable to the administration of the plan, such as requirements for disclosure, reporting and fiduciary standards, claims and continuation coverage.

In general, ERI[S]A preempts state laws that would regulate the operation of health plans. Therefore, any state mandates do not apply to those covered by self-funded plans. (An exception is CT’s state employee plan, which abides by state mandates by contract).

Self-funded governmental plans such as the state employee plan or municipal self-funded plans may be exempt from ERISA but still bound to follow other federal laws, such as the federal regulations on internal and external review processes under the Affordable Care Act or the Mental Health parity and Addiction Equity Act of 2008. Ct.Gov

Can my child with a disability be covered after the age of 26?

If your plan is fully insured, it is regulated by state laws in addition to federal laws Pacer.org

ERISA

Met Life v Mass.

What about Governmental or Church plans, does ERISA affect those?

See our Page on ERISA

See 29 US Code Section 1003 (b)

The provisions of this subchapter shall not apply to any employee benefit plan if—
(1)such plan is a governmental plan (as defined in section 1002(32) of this title);
(2)such plan is a church plan (as defined in section 1002(33) of this title) with respect to which no election has been made under section 410(d) of title 26;

***************

Excerpt of Blue Cross Small Business Application

************

Cal PERS We serve those who serve California. California Public Employees’ Retirement System

Forms, Information and Rules on Disabled Children over 26

Questionnaire

Doctors Medical Report

*****************

Hitler & Mental Health Disabilities T 4 

Speak up!  Do want you can to make sure this doesn't happen in the USA! 

Translation for the poster below:

"This person suffering from hereditary defect  costs the community $60,000 Reichsmark during his lifetime. Fellow German, that is your money, too. Translation & Image Courtesy of Psychology Fantom.com 

nazi t 4 program

 

Under  the T 4 program,  wikipedia.org T4  Certain German physicians were authorized to select patients "deemed incurably sick, after most critical medical examination" and then administer to them a "mercy death" (Gnadentod).[7] The T4 programme stemmed from the Nazi Party policy of "racial hygiene", a belief that the German people needed to be cleansed of racial enemies, which included anyone confined to a mental health facility and people with simple physical disabilities.[31]  wikipedia.org T4  

The annual cost for a bed in a CDCR-operated, inpatient psychiatric program is around $301,000 lao.ca.gov

Did President Trump??? really say and mean this?   Time.com 

 

FAQ’s

  • Question Hi! I’m 26 years old, and on my mom’s insurance as a disabled dependent due to my medical condition. Medical documentation confirmed all approved months ago.
    • However, I just applied for a part-time position at her work hoping to at least contribute some hours.
      • Would working part time jeopardize my disability approval on her insurance?
      • Is it safe to just not work at all?
      • My health insurance is the most important thing I have due to my medical disability, # of doctors, and treatment.
        • But I’d also like to contribute somewhat financially if I can.
    • The job would be part-time so it’s ineligible for benefits. But I wouldn’t take it if it could mean jeopardizing my health coverage. I can’t risk not affording my medical care.
  • Response
    • The issue isn’t if you have a part time job, but if you are capable of Self Sustaining Employment
      • 603.1  What Does Substantial Gainful Activity Mean?
        • The term “substantial gainful activity” is used to describe a level of work activity and earnings.
        • Work is “substantial” if it involves doing significant physical or mental activities, or a combination of both.

        • “Gainful” work activity is either of the following:

          • Work performed for pay or profit;

          • Work of a nature generally performed for pay or profit; or

          • Work intended for profit, whether or not a profit is realized.

      • 603.2 Does Work Need To Be Performed On A Full-Time Basis To Be Considered Substantial Gainful Activity?

        • No. For work activity to be substantial, it does not need to be performed on a full-time basis. Work activity performed on a part-time basis may also be substantial gainful activity. (See §§618-621.)  ssa.gov *
    • So, maybe 6 months ago you were disabled, but maybe not now.  I can’t say.  If you are able to work and lose your group coverage, you can get ACA/Obamacare if you make more than say 20k or Medi Cal if you make less.  Get Quotes!
      • Why stay home and do nothing, if you can be independent?
      • Insurance companies often require annual certification of disability.

88 comments on “Disabled Adult Children – over 26 – stay on parents insurance

  1. Can you tell me if having private insurance to continue after my adult child turns 26 vs medi CAL is a good idea?

    My young adult will be considered disable dependent

    ***Are you sure?

    under my private insurance.

    Is there any disadvantage of having her “locked” into private insurance for the life of my husband and I?

    ***Who says she’s locked in? You should be able to change at open enrollment.
    https://www.shrm.org/topics-tools/tools/hr-answers/annual-open-enrollment-period-employee-health-insurance-benefits-required

    I’m not aware that Medicare will add your daughter, unless she qualifies on her own. Namely SSDI after two years.

    If the link requires password, let me know.

    I don’t see any problem with your daughter having Medi Cal and Employer Group Coverage. Employer Group pays first. See our webpage on that.

  2. Hi
    I have a 29 yr old daughter who has been disabled since the age of 7. My insurance through work dropped her off my plan once she turned 26. I was unaware of kids w/ disabilities being able to stay on insurance plans and when I called my job to inquire they said I had to have signed forms before her turning 26 and have the board review and determine if she could stay on my insurance. Is there anyway to overturn or refute this? Thank you!

    • See Insurance! code 10277 section B they have to notify you.

      (b) The insurer shall notify the employee or member that the dependent child’s coverage will terminate upon attainment of the limiting age unless the employee or member submits proof of the criteria described in paragraphs

      (1) and

      (2) of subdivision (a)

      to the insurer within 60 days of the date of receipt of the notification.

      The insurer shall send this notification to the employee or member at least 90 days prior to the date the child attains the limiting age.

      Upon receipt of a request by the employee or member for continued coverage of the child and proof of the criteria described in paragraphs (1) and (2) of subdivision (a), the insurer shall determine whether the dependent child meets that criteria before the child attains the limiting age. If the insurer fails to make the determination by that date, it shall continue coverage of the child pending its determination.

      How are you gonna prove they didn’t? I don’t know because they’ll probably say they did. Check our webpage on USPS Informed Delivery.

  3. I have a Dependent Adult Child w a Mental disorder, who requires her Psychiatrist MD to sign an HBD-34-Calpers 2926 insurance extension form 4 pages lo g.

    Who refuses because “.. I’ve never had to do one before!” and won’t start anytime soon.

    The problem is my daughter only has one week left before the deadline. This will force her both psychologically and financially into the streets of LA.

    insurance company says hands are tied and my daughter needs a Medical provider to sign off on it to have her remaining on our health insurance.

    What recourse or options do we have? Legally? Appeal?

  4. If a disabled adult child (DAC) woman receiving SSDI through the pickle program
    marries a man with no income because of his own disability and is not on SSI or SSDI
    because he has affluent parents that make enough to care for him,
    will the DAC women lose her monthly SSDI income and medical that her and her toddler relies on?

    Thank you so much

  5. My son is 32 and disabled and on my Aetna plan as a disabled adult. I will be turning 65 soon and thus going on Medicare. Will he loose his coverage under Aetna? If I choose a supplemental Aetna medicare plan, will he be able to stay on Aetna?

  6. We live in CA, our son is 28 and therefore came off our insurance two years ago.

    He is autistic and we didn’t realize he might still be eligible to remain on our policy (through my employer – bcbs ppo) indefinitely as we support him as he is unemployed/underemployed due to autism.

    Are autistic children eligible and if so how absolus we proceed?

    • Please contact your employer’s HR department and get a copy of the evidence of coverage and the forms, then we can review and see.

      It doesn’t seem that the question has been asked before about their being a lapse in coverage.

      It’s not if autism is covered, it’s if your son is chiefly dependent on you and is incapable of self sustaining employment.

  7. I have a disabled son aged 32 years, who is covered under my employer’s group health insurance plan as the primary and Medicaid as the secondary insurance.

    He has been disabled since birth and has been on my employer’s group health insurance plan prior to age 26. He requires to undergo a medical procedure that is not covered under my employer’s plan but covered under Medicaid.

    I would like to temporarily terminate my son’s coverage from my employer’s health plan and continue with Medicaid so that he can have his procedure done.

    Can I do that?

    If so, can I re-enroll my son in my employer’s plan after the procedure?

    • Do NOT cancel the Employer Plan!

      While your Employer Plan is primary, that just means they get billed first. So, if the Employer Plan pays nothing, then Medi Cal will get the bill. It does NOT mean, that you have to go to MD’s on the Employer Plan first!

      I’m sure if you ask Rando’s at the Insurance Company or Medi Cal, they will tell you something else, but unless they can show it to you in writing, IMHO it’s not worth the dime to call them.

      See our webpage on Dual Coverage.

      You may not quote anything I say or that you think I say. You may only refer to the actual footnotes to the law or actual Insurance Company EOC Evidence of Coverage.

      • I don’t have a choice. I lost my job. How – Can I get my child on an employer plan when I do get another job, being as the new employer didn’t have her covered before age 26?

        • I would have to read the law another 3 times along with the law on COBRA & Cal COBRA. Plus, review the EOC from the old and new employer. Maybe keeping your child on COBRA would make it continuous coverage, before age 26?

          If the employee or member changes carriers to another insurer or to a health care service plan, the new insurer or plan shall continue to provide coverage for the dependent child. CA Insurance Code 10277 (d)

          (d) If the employee or member changes carriers to another insurer or to a health care service plan, the new insurer or plan shall continue to provide coverage for the dependent child. The new plan or insurer may request information about the dependent child initially and not more frequently than annually thereafter to determine if the child continues to satisfy the criteria in paragraphs (1) and (2) of subdivision (a). The employee or member shall submit the information requested by the new plan or insurer within 60 days of receiving the request.

    • I am widowed and employed by a city, who has continued to keep my special needs daughter on after the age of 26.

      I am retiring in about 2 years and I receive retirement health care.

      How long does my daughter get to stay on? when I retire? or social security age? or death?

      Please help?

  8. Hi, I have a 24 yr old with schizophrenia, and run across your web site trying to find resources for them (specifically a Special Needs Trust which I just had learned about).

    I wanted to ask questions about signing them up for Medi-Cal and accessing LA County resources for mental health.

    My kid is covered by Blue Cross PPO through my policy which is with USC.

    I would love to discuss also how to prepare to get my kid coverage after my policy does not cover them once they are 25 years old, or maybe my kid needs to file for disability in order for my policy to cover what they need.

    Would love your help with all these topics! I never knew that people like you existed…

    Thanks for all the resources on your web site, and look forward to hearing from you.

  9. THE DUTY TO SUPPORT ADULT DISABLED CHILDREN

    The Basics

    California requires that the parents of adult children with incapacities support those children if possible. Family Code section 3910 states,

    “The father and mother have an equal responsibility to maintain, to the extent of their ability, a child of whatever age, who is incapacitated from earning a living and without sufficient means.”

    Incapacitated From Earning a Living

    A child is incapacitated from earning a living if the child demonstrates “an inability to be self-supporting because of a mental or physical disability or proof of inability to find work because of factors beyond the child’s control.”  Courts have been liberal in meeting this standard when dealing with the mental health of adult children and found the incapacity in the following cases to be sufficient.

    In Chun v. Chun, a father was ordered to support an “emotionally disabled” adult child with a twelve-year-old maturity level.

    In re Marriage of Drake dealt with a parent who was ordered to support an adult child with chronic paranoid schizophrenia.

    Farber v. Olken involved an adult child who was mentally ill.

    In order to demonstrate that an adult child has an incapacity sufficient for adult child support, an independent medical exam (IME) is required. In fact, for every adult child support case, an IME should be considered, even if the parties stipulate to the fact that the adult child is incapacitated. An IME will set a benchmark for the adult child, which will allow medical professionals to measure the extent of the adult child’s incapacity and the likelihood of the adult child developing a marketable skill set.

    Without Sufficient Means

    “[T]he question of ‘sufficient means’ should be resolved in terms of the likelihood a child will become a public charge.”

    The principle that society should not bear the burden of caring for incapacitated adults who have parents with the means to do so. The “without sufficient means” inquiry concerns the issue of whether the adult child will end up requiring governmental benefits in the future.

    It is also important to determine whether an adult child is already receiving such benefits.

    See our resources & links below

    In such a case, care should be taken to avoid the loss of such benefits through the use of a special needs trust or similar instrument. Nevertheless, some may argue that a proper adult child support order should eliminate any need for government benefits. However, certain benefits are frequently crucial to the health of the adult child and may be required as part of a medical regimen. For example, an adult child, who has an established course of treatment from a doctor that the adult child visited through the Social Security Administration, may need to remain on that course in order to avoid interruptions and complications that a change in medical provider would likely cause.

    Also, the process to qualify for such benefits is fairly rigorous. A strong argument can be made that if an adult child has already qualified for government benefits, that adult child will likely qualify for adult child support.  Read full article from Orange County Bar

     

    Children Are Like Diamonds: Forever.  Only, More Expensive: A Primer on California Family Code section 3910(a), the Most Terrifying, Most Common Sense Law You’ve Never Heard Of, but Should Have  Read Article Alameda Bar Assoc

    Wallin & Klarich Family Law

    Song Family Law

    Proper standard for definition of incapacitated?

    See Article on 50 year old attorney with depression

     

  10. If my employer switches plans or I get a new job, will my disabled child be covered under the new plan?

     

    We find that often policyholders are told that a new insurance company  says that they will only cover disabled dependent children that are already enrolled on our group plan that happen to age out, not if you transfer plans, get a new job, etc.

    Here is what we show the actual law and policy provisions to be:

    If the employee or member changes carriers to another insurer or to a health care service plan, the new insurer or plan shall continue to provide coverage for the dependent child. CA Insurance Code 10277 (d)

    A Dependent child who reaches age 26 becomes ineligible on the day before his or her 26th birthday, unless the Dependent child is disabled and qualifies for continued coverage as described in the definition of Dependent.  Page 60 of the EOC
     .
    The  Group Administration Guides says virtually the same thing.
     .
    Our wholesalers – General Agent’s website says:
    Yes, pending approval from Patient Management Group Department
    Here’s an actual EOC – Evidence of Coverage from Blue Shield for the PPO Platinum Plan.

    This caused us to lose at least one new hire, because she decided to stay on her current medical plan (with her current employer) that provides coverage for her disabled adult child.

    ***I suggest you appoint us as your agent and we will fill out the disabled child form, along with the employee application and get a WRITTEN answer, not a “bozo” oral – hearsay  (Federal Rules of Evidence) answer.

     

    ******

    I currently work for a company that provides a group health plan. I have a disabled son age 27 covered on my policy.

    I may be changing employer and going to a UC – University of California system.

    How am I able to continue coverage for him through the UC system?

    *************

    Here’s the 2018 Health Benefits Guide for the UC System.

    Page 6 Excerpt

    If you are a newly hired employee with a disabled child over age 26 or if you acquire a disabled child over age 26 (through marriage, adoption or domestic partnership), you may also apply for coverage for that child. The child’s disability must have begun prior to the child turning age 26. Additionally, the child must have had continuous group health coverage since age 26, and you must apply for University coverage during your Period of Initial Eligibility. The plan will ask for proof of continued disability, but not more than once a year after the initial certification

    See also Page 14

  11. Question What about Self Insured Plans?

    Answer
    What does the evidence of coverage – EOC say? Please send your EOC to us or at least take a photo of your ID card with your Smart Phone and send to us. We don’t post individual identifiable information. We might then be able to search and find your EOC Evidence of Coverage and it would be so much easier to show you the benefits you have in your policy.

    See above for more information

  12. Would 10277 d apply if my disabled son is on his father’s plan, is now turning 26 and my X husband no longer wants our son on his Insurance?

    • Yes, we believe so. Your son has a special enrollment period to go onto your health insurance as he is losing minimum essential coverage.

      Please send a copy of your evidence of coverage EOC or let us know the exact plan you have and we can see if we can find your EOC. EOC’s are mandated to be in Plain English.

  13. My son’s father’s employer is refusing to drop our son from his health insurance they are saying we need a court order to take him OFF the insurance. Even though he is fully covered for state funded medi-cal as he is an SSI recipient.

    My son has autism and his father’s insurance is denying recommended hours of treatment.

  14. my son, who is mentally disabled just turned 28

    now united healthcare is trying to kick him off saying his disability occurred after he turned 18/19

    even though they determined him to be disabled and allowed him to remain on the insurance after he turned 26.

    Is he not grandfathered? Can they just chang the rules.

  15. My son is deaf and on my husband’s health insurance in sept he will be 26 can he stay on my husband’s insurance

  16. I’m disabled and on my Dad’s Group Health Plan. I am in the state of Virgnia. I have Medicaid as secondary insurance.

    My father is retiring. When he loses his insurance policy, I am under the assumption that I will no longer be eligible for that insurance either.

    He will start receiving Social Security, and I have been told at that point I will be eligible for Medicare. However, in my state people who are now on Medicare and Medicaid are being put into a new program called CCC+ It’s managed care. I am not sure if I will be able to continue seeing my current doctors on it or not.

      • Hi. Thank you for the links.

        Because I was determined to be disabled before the age of 22, I will receive Social Security benefits not based on my work record but on one of my parents’ work record. Once a parent is eligible for benefits I receive 50% of their social security income as an SSDI benefit. If they were deceased, I would receive 75%.

        The information is on the Social Security web-site:

        Adults Disabled Before Age 22

        An adult disabled before age 22 may be eligible for child’s benefits if a parent is deceased or starts receiving retirement or disability benefits. We consider this a “child’s” benefit because it is paid on a parent’s Social Security earnings record.

        The “adult child”—including an adopted child, or, in some cases, a stepchild, grandchild, or step grandchild—must be unmarried, age 18 or older, have a disability that started before age 22, and meet the definition of disability for adults.

        https://www.ssa.gov/planners/disability/qualify.html

        In my case, because both of my parents have been working full time, I have been eligible for SSI based on my lack of resources and income and for Medicaid based on my disability and lack of income. Once my dad retires the situation changes in that I will receive SSDI. Some people in that case would also continue receiving SSI if the SSDI benefit was below a certain thresh-hold (based on how long the parent worked and earned). In my case I will just receive SSDI. I will also be eligible for Medicare. But because I will also still be in the income group eligible for Medicaid, I believe I will have the CCC Plus plan—although that is the part that the social worker wasn’t as sure about. It was being rolled out slowly, but she thinks now everyone may have to go on it.

        I was able to find my private insurance policy I have now through my dad’s work and it looks like I could stay on but only if I paid the premiums which would be more than I will receive in SSDI. I did find a policy in Connecticut for the same insurance company where a disabled dependent can stay on one year without paying premiums after the policy ends for the employee, but that’s not the case in our state/plan.

        Thank you for the provider search link for CCC Plus. It’s confusing because it seems more providers take Medicare or Medicaid than take one of the 6 managed care programs they’re putting CCC Plus people into. For example, I can see I would be able to continue seeing my PCP on some of the plans but not others, but I know he takes Medicare. And then I wonder if I’d be locked into that plan. I’m not sure how common acceptance of those CCC Plus plan is versus regular Medicare. I wonder if I’d be better off getting rid of Medicaid (if I’m allowed to even though I’m eligible) and paying for supplemental insurance for Medicare once I start receiving that. Something I will have to research more. But the provider search is a good start so I can check which of my current providers are covered by the 6 different plans.

        Thank you again.