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GeorgetownLawyr, Attorney
Category: Legal
Satisfied Customers: 12049
Experience:  10+ Years Experience in Civil Litigation, Family, Probate and Immigration Law.
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hi, my boyfriend is involved in a court case inwhich he is

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my boyfriend is involved in a court case inwhich he is taking his ex wife back to court to reduce child support and adjust alimony hopefully. He reviewed his current divorce agreement and became aware that his ex wife had been responsible for some of the high deductible insurance cost for his 2 children and also discovered that she used his HSA card to pay for $1000 of her own medical expenses in 2009 2010.
The problem that has arouse in trying to recover these expenses is my boyfriend kept his ex wife on his insurance plan through hos company, a group plan through his employer after they were divorced for approx 3 years and was unaware this was illegal. The premium was paid for by his employer and he was aware they were divorced but continued to pay for her portion of health care premiums.
Is this fraud if you were unaware?
Should he go to the insurance company kaiser permamnente and admit the mistake?
Who would the insurance company hold responsible for any money that may be due over the 3 year period when they were divorced?
My boyfriend was not held responsible for paying for her healthcare premium post divorce, he left her on as a favor and he was trying to be a decent man.
Submitted: 6 years ago.
Category: Legal
Expert:  GeorgetownLawyr replied 6 years ago.
Hello, My name is XXXXX XXXXX I'll be helping you resolve your matter.

Please remember there may be a delay as I may be helping other customers. It's not fraud if he had no "intent" to defraud. However, if Kaiser decides to come back to collect then your boyfriend would be liable. He made the decision to keep her on after the divorce, clearly she was not a family member any more and the insurance is a standard "family" plan. He may have recourse to get the money back from her if Kaiser comes after him, but it is doubtful since he made the choice to do her a favor. sorry. I hope this helps. Please click "accept" so that I receive credit for answering your question. I will be happy to reply to a follow up on this issue at no extra cost. Your Positive feedback is appreciated. If you want to request me in the future type "TO GEORGETOWNLAWYR" in the subject line and if I am not online I will answer asap. Thanks and best regards.
Customer: replied 6 years ago.

From what I read, his ex wife would have be able to cobra her plan for 36 months after the divorce date. If his employer paid the premium on her for those 36 months , why wouldn't kasier permanente hold her responsible for the difference in insurance premium and cobra cost. She willfully used the health insurance the entire time to her benefit?


This all came about because my boyfriend was seeaking reimbursement for HSA account of $1100 that she debited out of his HSA. So the threat is that her lawyer will exposed health insurance fraud. It is a threat written between the lines. Her lawyer requested that his employer provide information on who was insured under the insurance plan that my boyfriend held for the past 2 years, which would include his ex wifes name. How does his employer answer this question without admitting fraud himself? And he seemed to be unaware either.

Expert:  GeorgetownLawyr replied 6 years ago.
You are absolutely right about Cobra and she could have spun off into her own cobra plan but she didn't. I know this is an emotional issue for you but i'm not emotionally involved and you are overlooking the fact that HE made the choice to do this for her and it is HIS policy, she had no power to stay on the policy but for him keeping her on it. So if Kaiser is going to hold anyone responsible it will be him. It's hard for him to then go after her when HE chose to do her the favor. People made bad choices every day and those choices have consequences unfortunately. I'm sorry I can't tell you what you want to hear. Your boyfriend was supposed to notify his employer of any change in his marital status the month it occurred and that didn't happen. You are also correct that insurance fraud may be an issue here but I assume attorneys were involved in the divorce and this is a standard thing that attorneys discuss with the parties, who will pay for cobra, informing the employer of the change in status...Most men can't wait to get the ex wife off and save that money, but my dear he chose not to do so. You are going to have to wait to see how this plays out, but you seem very sharp and you are well aware of the implications here. Implications that no matter how hard you try you may not be able to save him from his error in judgment. I'm sorry. Please click "accept" so that I may receive credit for answering your questions. Thanks and kind regards.
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