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Im currently covered on my wifes work plan. However, we are…

Customer Question
Im currently covered on...

Im currently covered on my wifes work plan. However, we are getting a divorce. I've been told by her that I can stay on the plan under HIPAA. Iws that ocrrect or will I have to take my own COBRA plan?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

IN

Lawyer's Assistant: Has anything been filed or reported?

Not yet

Submitted: 10 months ago.Category: Legal
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Answered in 5 minutes by:
10/5/2017
Lawyer: Legal Eagle, Lawyer replied 10 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,105
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly

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Customer reply replied 10 months ago
OK.. Do I need to restate my question or do you have it already?
Lawyer: Legal Eagle, Lawyer replied 10 months ago

Hi, I have your question. Let me take a moment to review.

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Lawyer: Legal Eagle, Lawyer replied 10 months ago

Thank you very much for your patience. Generally, HIPAA covers Private health information. It generally does not involve itself when people are getting a divorce. The terms of your wife's plan is going to be what determines everything and also what agreement the two of you come to. If the plan administrator says that the person has to be married for their spouse to be covered, then those are the rules. on the other hand, the insurance carrier is not going to inquire into your current marital status so you can likely stay on the plan so long as your wife is okay with you doing so. Otherwise, if she has removed from the plan because you are no longer married, then you may need to get a cobra plan or get a state covered plan through Obamacare for example. This means that you may need to get your own plan through a state exchange if you qualify financially.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

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