Can an employer force you to keep insurance on dependent children if your ex has insurance on them but the insurance won't drop coverage unless there is a court order for the ex to cover them?

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Answer

Your employer can not legally force you to insure anyone unless the employer is in possession of a court order that requires the employer to keep this coverage in place.

Answer

In going thru this issue before the HR department said that:

There needs to be a "qualifying event" http://www.dmhc.ca.gov/library/faq/coverage/cal-cobra.asp#small to be able to drop coverage.

However, qualifying event refers to GETTING or enrolling for coverage, NOT taking coverage off.

The Blue Cross Manual says "Employees may be deleted from the plan due to termination of employment, ineligibility for coverage under the plan or when the employee does not wish to continue coverage regardless of his/her employment status and/or eligibility."

Ask the Employer or Insurance Company to cite the law or their manual. It appears they are confused between getting coverage midyear and taking coverage off.

CA Insurance Code 10700 et etc. applies to GETTING coverage - not taking it off at the employees request http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ins&group=10001-11000&file=10700-10701

Answer

For more information see www.SteveShorr.com/ic.10700.htm

First answer by Steveshorr. Last edit by Insurance Plus. Contributor trust: 364 [recommend contributor]. Question popularity: 34 [recommend question]