Informing Exes When Coverage Is Cancelled

Rachel Small — Tue, 14 Aug 2007 11:42:36 -0400

I noticed that the New York State Assembly recently enacted legislation signed by the governor that requires notice be given in divorce cases about the potential loss of health insurance when covered by a spouse's plan.

Judges are obligated to notify parties of the termination of coverage when they issue a divorce settlement. They're authorized to grant a 30-day continuance in the divorce proceedings, so parties have an opportunity to obtain their own health policy.

But we shouldn't jump for joy at this development because it's civil and decent to notify your former spouse that he/she will no longer be insured. New York hasn't gone half as far as the New Hampshire requirement that employers must continue the coverage of the divorced spouse for up to three years unless they remarry.

New York is only preventing exes from being blindsided. My question is this: Is 30 days sufficient to shop around the maze of complicated health plans? Probably not. With 46 million Americans uninsured, we certainly don't want to add to that number. It may be difficult for divorced women to secure individual health insurance plans if they have pre-existing health conditions.

In New York, a spouse is eligible for COBRA if they become divorced but they will have to pick up the actual costs, plus a small additional percentage to obtain up to 36-months of coverage.

One day society will recognize that health care is a universal need and right. While the notice of loss of insurance is a benevolent idea, New York should go further and join New Hamphire in providing extended group insurance coverage under the employer's plan following a divorce.

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Informing Exes When Coverage Is Cancelled