If I currently have Medicaid for my daughter and I, do I have any rights as her mother to get removed from her father’s private insurance policy?
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If I currently have Medicaid for my daughter and I, do I have any rights as her mother to get removed from her father’s private insurance policy?
But now she’s at risk of being dropped because of private insurance that she was on under her father’s employment. They refuse to drop her; they say it is illegal to drop her before she is 26. Is this true? What can I do?
Asked on February 1, 2013 under Insurance Law, New York
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Unless there is a court order that says he cannot cover her-- then he can cover her on his private insurance over your objections.
If there is a court order in place, then the order will control. If the order requires him to provide coverage, then he is required to continue coverage as set out in the order. If he fails to provide coverage, then he would be subject to a contempt or enforcement action. If the orders do not direct him to provide coverage, but instead directs you to cover her on Medicaid, then that would control as well. If this is how your order reads, then you can forward this to the insurance company and they may accept this as sufficient authorization to remove her from the policy. If the chose not to accept it, you would need to take him back to court to enforce the order and get a more direct order that requires him and to remove the child.
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