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socrateaser, Lawyer
Category: California Employment Law
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Experience:  Retired (mostly)
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Im a new employee at kaiser. My son is being denied medical

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I'm a new employee at kaiser. My son is being denied medical bennifits on the basis that he is not named on his birth certificate. I'v been informed that I must provide an ammended birth certificate. When he was born I was told that I could fill in a form and pay a 50 dollor fee to ammend the birth certificate when I decided on a name. However, when I attempted to file the form with his name when he was about 2 months old I was informed by the Yolo County Court system that I must go through the court process of ammending a birth certificate which at the time would have cost about $2,500.00. I could not afford this so he remained name less. I was able to procure a social security card and passport with his chosen name. He's now 18 years of age. Once I obtained the ssn and passport, I didn't worry about the birth certificate. Does Kaiser have the legal right to denie him medical bennifits based on the birth certificate. I'm certain there are many Kaiser employees who use a different name than that on their birth certificate. What course of action should I take? Did Yolo County misinform me about requirements for adding a name to the birth certificate?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  socrateaser replied 5 years ago.

You present a unique circumstance, since most of the time, a parent sends the Department of Public Health the child's name within the time of the child's minority, using a "supplemental name report."

However, since the child is now an adult (18+ yearsof age), only he can amend his birth certificate. Here is a link to the amendment form.

If the Health Department rejects the above-described form, then your son will have to file a Petition to Change Name with the Superior Court. This is a relatively inexpensive process. After he receives the court judgment, then your son can file a Court Ordered Name Change form with the Health Department, and the agency will be forced to change your son's name on the birth certificate.

Note: I realize that your original question was whether or not it's legal for you to be denied health insurance based upon your son's lack of a name on his birth certificate. The answer is "no," it violuates your federal ERISA benefit rights.

However, it is legal to deny your son's healh care application without proof-positive identification. And, while a U.S. Passport is considered proof-positive ID throughout the USA, it will take far less time,, and cost far less, to amend the birth certificate, than it will to file a lawsuit in federal court.

Hope this helps.

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