subject: Texas Health Insurance - Special Circumstances To Consider [print this page] Life happens. When it does, a lot of things become difficult to handle. This is especially true with things you never thought about. When you get married, you may have to change your last name on all of your credit cards, checks, driver's license, and so on. If there's a flood and your important legal documents, such as your will and birth certificates, weren't locked up in waterproof containers, you'll have to have them all recreated or replaced. The same is true with health insurance. Special circumstances may or may not effect your Texas health insurance policy.
Divorce may have an effect on your health insurance. According to COBRA, if your spouse works at a company that has 20 employees or more, you are allowed to remain on their health plan for up to three years after the divorce is final. The spouse's employer is the one that is paying for the health insurance in this case. However, there is no law that says a spouse must keep their ex-spouse on their health insurance policy in Texas. This means that if someone is coming out of pocket for their health insurance, and they remove their ex-spouse, legally nothing can be done about it.
If there are children in the divorce, then Texas law requires that health insurance be provided for them. There is no negotiation on this. In Texas children must be provided with health insurance. Therefore if a spouse is paying for a health insurance plan, and they get a divorce, they can legally take their ex-spouse off of the plan. But the children must remain. This is paid in addition to child support. It is not taken out of the child support payment. In Texas, this requirement can be enforced just like child support, in that it is taken out of the parent's earnings the same way child support is.
If you become give birth to or adopt a child, Texas health insurance policies are required to automatically cover the new child for 31 days. This is only applicable if your policy covers dependants. If you find that your insurance company fails, Texas does have safeguards in place to protect you. Sometimes things happen that are completely out of your control. These things can affect your health insurance policy. You should check with your policy provider to find out what should be done in these situations. It may also be in your best interests to consult a lawyer in the case of health insurance in regards to divorce and child support.
by: Charles Peeler
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