How Long Can I Keep My Child On My Health Insurance Plan?

Long before the “Patient Protection and Affordable Care Act” (a.k.a. “Obamacare”) was signed in to law on March 23rd, 2010. There were Federal & State laws that were already in force around the country that provide protection for dependent children regardless of their college student attendance status. As well as laws that guarantee coverage for pre-existing conditions for all Americans. See www.TRUTHaboutpreexistingconditions.com

In fact, the PPACA legislation does NOT include protection for dependent children regardless of student eligibility status until 2014. Neither does it guarantee access to health insurance coverage regardless of pre-existing conditions until the year 2014. Even though, the President stated repeatedly that “within 6 months of the signing of this legislation, dependent adults will be able to stay on their parent’s policies until 26 years of age and children will no longer be denied coverage for a pre-existing condition“.

Thanks to America’s Health Insurance Plans (who had already suggested such legislation in 2008) children will not have to wait until 2014 to obtain guaranteed access to health insurance coverage for pre-existing conditions so long as they are insured on a parent’s policy.This is true because America’s Health Insurance plans voluntarily agreed to do so this year instead of waiting until 2014.

Thanks to this agreement, as of 9/23/2010 all dependent “adult children” can now remain on their parent’s health insurance policies until the age of 26 without the need to be attending college. Blue Cross Blue Shield lists all of the other mandates that were added to health insurance policies as of 9/23/2010 under the PPACA as well.

In addition, more than 80 new Preventative Care mandates have also been added to all “non grandfathered” health insurance plans (plans purchased after March 23rd, 2010).

Another law that was passed by Congress in 2008 also protects college students. Such as Michelle’s Law (H.R. 2851) which requires insurance plans that use student status to determine dependent eligibility to allow dependents to take up to 12 months of medical leave without jeopardizing their eligibility. More than 20 percent of states had enacted similar laws prior to federal action.

Then there are COBRA Continuation Coverage Rights which were passed more than 14 years ago in 1996. Under these laws, a dependent child will become qualified for COBRA benefits if they lose coverage under their parent’s employer-sponsored insurance (20 employees or more) if:

1. the parent/employee dies;
2. the parent/employee’s hours of employment are reduced;
3. the parent-employee’s employment ends for any reason other than his/her gross misconduct;
4. the parent/employee becomes enrolled in Medicare;
5. the parents become divorced or legally separated; or
6. the child stops being eligible for coverage under the plan as a “dependent child.”

State Actions

Below are the States that already had laws on the books before the PPACA that provide continuation of coverage for adult dependents regardless of their college attendance.

Table of State Laws (Updated August 20, 2009)

State Laws
Colorado Colo. Rev. Stat. § 10-16-104.3 states that a child is considered a dependent for insurance purposes up to age 25 (even if they are not enrolled in an educational institution) as long as they are unmarried and are financially dependent or share the same permanent address as the insurance provider.
Connecticut C.G.S.A. § 38a-497 requires that group comprehensive and health insurance policies extend coverage to unwed children until the age of 26 provided they remain residents of Connecticut or are full-time students.
Delaware Del. Code Ann. Tit. 18, § 3354 requires insurance providers to cover policyholder’s dependent children until age 24. Dependents must be unmarried and a resident of Delaware or, if living outside the state, a full-time students. Insurance companies may charge more for dependent coverage past age 18, but it may not exceed 102 percent of the policyholder’s cost before the child turned 18.
Florida Florida 627.6562 allows for dependent children up to 25, who live with their parent or are a student, and up to 30 years old, who are also unmarried and have no dependent child of their own, to remain on their parents’ insurance.
Georgia Ga. Code § 33-30-4 allows dependent children up to age 25 who are enrolled as a full-time student at least five months during the year or are eligible to enroll but are prevented due to illness or injury to remain on their parents’ insurance.Ga. Code § 33-24-28 requires that a health services plan or health insurer exempt dependent children incapable of self-sustaining employment due to disability from dependent age limits.
Idaho Idaho Stat. § 41-2103 allows for any unmarried dependents to remain on their parents’ health insurance until age 21; any full-time, unmarried student until age 25; or a dependent with a disability without regard to age.
Illinois 215 ILCS 5/356z.12 provides parents with the option of keeping unmarried dependents on their health care insurance up to age 26. Parents with dependents who are veterans can keep them on their plans up to age 30.
Indiana IC 27-8-5-2,28 and  IC 27-13-7-3 require commercial health insurers and health maintenance organizations to cover children until age of 24 or without regard to age if they are incapable of self-sustaining employment due to disability.
Iowa Iowa Code § 509.3 and Iowa Code § 514E.7 requires that health insurance providers continue to cover unmarried children under their parents’ coverage provided that the child 1) is under the age of 25 and a current resident of Iowa, 2) is a full-time student, or 3) has a disability.
Kentucky Ky. Rev. Stat. § 304.17A-256 allows parents to keep their unmarried children on their health plans until the age of 25. Parents may have to pay extra for their adult children.
Louisiana La. Rev. Stat. Ann. § 22:1003 allows an unmarried, dependent child to remain on parent’s insurance up to age 24 if they are a full-time student.
Maine 24-A MRSA § 2742-B requires individual and group health insurance policies to continue coverage for a dependent child up to 25 years of age if the child is dependent upon the policyholder and the child has no dependents of the his/her own.
Maryland MD Code, Insurance § 15-418 requires that health insurance be extended to, at the request of the policy holder, unmarried dependents under the age of 25.
Massachusetts Mass. Gen. Laws Ann. Ch. 175 § 108 allows dependents to stay on their parent’s coverage for two years past the age of dependency or until age 26, whichever occurs first, or without regard to age if they are incapable of self-sustaining employment due to disability.Young adults ages 19-26 are eligible for lower-cost insurance coverage, tailored to meet their needs, offered through the Commonwealth Health Insurance Connector. Reform summary and fact sheet, PowerPoint presentation; More information.
Minnesota Minnesota Chapter 62E.02 Defines “dependent” as a spouse or unmarried child under age 25, or a dependent child of any age who is disabled.
Missouri Mo. Rev. Stat. § 354-536 defines dependent as an unmarried child up to age 26. If a health maintenance organization plan provides that coverage of a dependent child terminates upon attainment of the limiting age for dependent children, such coverage shall continue while the child is and continues to be both incapable of self-sustaining employment by reason of mental or physical handicap and chiefly dependent upon the enrollee for support and maintenance.
Montana MCA 33-22-140 provides insurance coverage under a parent’s policy for unmarried children up to age 25.
Nevada NRS 689C.055 allows an unmarried, dependent child who is a full-time student to remain on his or her parent’s insurance up to age 24 if parent is covered by small group policy.NRS 689B.035 requires that dependents retain coverage beyond age of policy termination if they are incapable of self-sustaining employment due to disability.
New Hampshire N.H. Rev. Stat § 420-B:8-aa defines dependent as those who are unmarried up to age 26 and either a full-time student or resident of New Hampshire for purposes of health insurance coverage.2009 SB 115 allows those up to age 26 to buy-in to coverage through the state’s CHIP program, Healthy Kids.
New Jersey N.J.S.A. 17B:27-30.5 states that, at the option of the insured person, a dependent may be covered up to the age of 31, as long as they are unmarried and have no dependents of their own.
New Mexico NM Stat. Ann. § 13-7-8 states that health insurance for dependents may not be terminated based on age up to age 25.
New York 2009 AB 9038 allows an unmarried child to remain on parent’s insurance up to age 30 if they are a resident of New York.
North Dakota N.D. Cent. Code § 26.1-36-22 allows an unmarried, dependent child to remain on parent’s insurance up to age 22 if they live with parents. If they are a full-time student, they can remain on parent’s insurance from age 22 up to age 26.
Ohio Ohio Rev. Code § 1751.14, as amended by 2009 OH H 1 allows an unmarried, dependent child that is an Ohio resident or a full-time student to remain on parent’s insurance up to age 28, or without regard to age if they are incapable of self-sustaining employment due to disability.
Oregon O.R.S. § 735.720 defines dependent as an unmarried child up to 23, elderly parents and disabled adult children for the purpose of insurance coverage.
Pennsylvania 2009 SB 189 states that an unmarried child may remain on parent’s insurance up to age 30 if they have no dependents and are residents of PA or are enrolled as full-time students.51 Pa.C.S.A. § 7309 states that full-time students whose studies are interrupted by service in the reserves or the National Guard must be extended health care benefits as a dependent of their parent beyond the terminating age equal to the length of their deployment..
Rhode Island R.I. Gen. Laws § 27-20-45 and Gen. Laws § 27-41-61 requires insurance plans which cover dependent children to cover unmarried dependent children until age 19 or, if a student, until age 25. If the dependent child is mentally or physically impaired, the plan must continue their coverage after the specified age.
South Carolina S.C. Code Ann. § 38-71-1330 allows an unmarried, dependent child who is a full-time student to remain on parent’s insurance up to age 22 if parent is covered by small group policy.S.C. Code Ann. § 38-71-350 requires that a dependent child who is not capable of self-sustaining employment be allowed to remain on his or her parent’s insurance, without regard to age.
South Dakota SD Codified Laws Ann. § 3-12A-1 states that any insurance provider offering benefits to a dependent may not terminate those benefits by reason of age before the dependent’s 19th birthday. If the dependent is enrolled in an educational institution, they are not to be terminated until they reach age 24 and not terminated if unable to seek self-support due to disability.SD Codified Laws § 58-17-2.3 states that if the dependent remains a full-time student upon attaining age 24 but not exceeding age 29, the insurer shall provide for the continuation of coverage for that dependent at the insured’s option.
Tennessee Tennessee Code Ann. § 56-7-2302 allows for dependent coverage for children under their parents’ health insurance plan up to age 24 provided the child is unmarried and financially dependent on the parents.
Texas V.T.C.A. Insurance Code § 846.260 and V.T.C.A. Insurance Code § 1201.059 make dependent status available for an unmarried child up to age 25 for insurance purposes.
Utah Utah Code Ann. tit. 31A § 22-610.5 requires that coverage for unmarried dependents continue up to age 26, regardless of whether or not the dependent is enrolled in higher education.
Virginia Va. Code Ann. § 38.2-3525 makes dependent status available to any child up to age 19 or who is a dependent up to age 25 who resides with the parent or is a full-time student.
Washington West’s RCWA 48.44.215 states that, at the option of the insured person, an unmarried dependent may be covered up to age 25.
West Virginia W. Va. Code § 33-16-1a defines dependent for health insurance coverage as a child or stepchild up to age 25.
Wisconsin Wis. Stat. § 632.885 requires that coverage for unmarried dependents through a parent’s insurance be offered up to age 27 if they are not offered insurance through an employer. Full-time students called to active duty in the armed forces can be covered beyond age 26 depending on various factors.
Wyoming Wyo. Stat. § 26-19-302 states that if child is unmarried and a full-time student, they can remain on parent’s insurance up to age 23 if parent is covered by small group policy.

Source: State Health Facts and NCSL, 2009. Back to Access to Health Care Overview Page

296 Comments

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296 responses to “How Long Can I Keep My Child On My Health Insurance Plan?

  1. Pingback: How Bad Is The New Health Care “Reform” Law? Myths vs. FACTS « Health Insurance Tips & Advice

  2. Pingback: How Long Can I Keep My Child On My Health Insurance Plan? « Health … Equity on me

  3. pam buckhannon

    My child will be 19 yrs of age Dec 10 2010 and I live in Michigan she is not attending school nor college how long can she remain on my insurance?

    • Hi Pam, she can stay on your plan until age 26. She does not need to be attending school.

      • Sharon

        What if your child is going to college in a different state than where the parents live? Do the same rules apply?

        Thanks so much!

      • Sharon,

        The same rules apply. All dependent children can remain on their parents policy until the age of 26, regardless of whether they are attending college or if they attend college out of State.

      • Raachel

        I live in MI and my parents both recently retired, they were told that I could no longer be covered under their insurance since they are receiving whatever insurance retired teachers get, but I had about 5 other people telling me that I should still be covered under Obama Care…is this true??? And if so how do I go about obtaining insurance again?

      • Raachel,

        If your parents are retired, they are most likely insured on a Medicare Supplement plan. As such, you can not join them on that plan. It will be far less expensive to purchase health insurance on your own, regardless of what plan they have. You can check rates at http://www.SmallBusinessInsuranceServices.com

    • Edward

      I was told I was kicked off of my parents insurance plan because the company was going to charge them $3,000 more dollars to keep me on it because I turned 21. Can they do that?

  4. Kelli

    Hello,

    We live in California and my daughter will be 19 yrs.old in December 2010. She is currently living in our home, but isnt enrolled in school. Can you tell me how long she can remain on our ins. plan?

    • Hi Kelli,

      Your daughter can remain on your health insurance plan until the age of 26. She does not need to attend college to do so.

      • Leigh

        Our insurance company is telling me that my daughter does need to be enrolled in full time college. We live in CA and have blue shield/blue cross through UPS. Because my husband is retired and deceased they say I can’t add her back to the plan. Something to do with a grandfather clause????

      • Leigh, if that plan is ‘grandfathered’ meaning that it was purchased before Obamacare was passed on 3/23/2010 and no changes have been made to that plan then the plan with UPS is fully exempt from the Obamacare mandates until January 1, 2014. At that date all plans must comply unless Obamacare is overturned with a new Senate and President in 2013.

  5. Sharon

    What if your daughter moves to another state, and is not enrolled in college? Does she have to live in the same household, or do the same rules apply?

    Thanks!

  6. sweaty

    My daughter, age 23, recently graduated college, moved to another state, and immediately found a job (!!!) with a company that offers a group health insurance plan.
    Can she stay on my employer’s family plan that costs the same regardless of the number of dependents or is she required to buy her own?

    • She may stay on your policy until age 26 under the new PPACA. At age 26 she will then be required to purchase her own coverage.

      • steve

        Want to clarity: My 24 year old daughter went on my wife’s insurance plan under Obama Care. Now she just got a job that offers health insurance coverage. It is more expensive than my wife’s and not as generous. Can she remain on my wife’s plan? for how long? til the end of the benefit year or until 26?

        Thanks.

        steve

      • She may stay on your wife’s plan until age 26 Steve.

      • steve

        I am replying to the post below. My wife’s employer said until 2014 they can choose to interpret the law the way they want. And they are requiring children under 26 who are offered insurance under their employer’s plan to take it and are no longer eligible for their parent’s plan. Is this legal?

      • Steve,

        The Patient Protection and Affordable Care Act is the law of the land until and unless it is repealed by the Supreme Court in June (which I believe it will be). Until then, it is not open to “interpretation” and it is illegal to violate this Federal law.

  7. Liliana

    hi StevenTucker you seem really helpful, so I have a question.

    My son is 23 and was on my employer’s insurance plan until he turned 21. With the PPACA can he RETURN to my plan even though he is not enrolled in school?

    If so will he remain on it if he attends CC in the future? Currently he has a job will that prevent him from being on my plan now?

    This is quite urgent being that the window to put him on my plan is coming to an end, any help will be much appreciated.

  8. Liliana

    WOW thanks for the quick response,

    I have another question tho’, my OTHER child is 24 and has a been working a part-time job for 3 yrs now, that job offers health insurance but he HASN”T signed up for it. Can he be on my plan? Or because HIS job OFFERS a health insurance plan can he not be on my plan anymore?

  9. Caroline

    I am almost 20 years old and at this time I am a full time student on my parents insurance. I am planning on marrying a guy from KY and we both are full time students. I am wondering if I get married to him can I remain on my Georgia parents health insurance? Even if I am not in school, or even if I am….I am so lost to this new plan.

  10. Hi Caroline,

    Congratulations on your Engagement! Under the PPACA, you may now stay on your parent’s policy until age 26 regardless of marital status or college attendance. See the top of page 2 here: http://www.resourcebrokerage.com/BCBSupdates22510B/PPACAILInsuredNotification.pdf

  11. Amy

    My son is 19 a full time college student and works part time for sears. He is currently on my husbands insurance,but they want to remove him. He is not eligible for the insurance sears offers there full time employees because of his part time status but is able to purchase a discount benefit plan which is not very good. My husbands insurance is saying because he can get any benefits through sears he must come off. I dont think this is fair he is a kid trying to work his way through college. He may have to quit his job to keep these benefits. We leave in PA . Is this true ? Is there someone I can contact to get help?

  12. Hi Amy,

    Your husband’s employer is incorrect. Under the new PPACA your son is now entitled by Federal law to stay on your husband’s health insurance policy as a dependent until the age of 26 whether he is attending college or not. The only exemption to this new mandate is IF your son is eligible for Group coverage through another employer.

    Since your son is not eligible for Sears’ Group coverage due to his part time status and is instead only eligible for a discount plan, this does not allow your husband’s employer to be exempt from the new PPACA mandate. Please forward your husband’s health insurer this link:
    http://www.healthcare.gov/law/provisions/youngadult/index.html

    Be sure that they read the specific wording of the law in bullet point #5 which states “…one temporary exception: Until 2014, “grandfathered” group plans (those plans that were in force prior to the PPACA passage on 3/23/10) do not have to offer dependent coverage up to age 26 if a young adult is eligible for group coverage outside their parents’ plan.”

    Hopefully that will clear up any confusion. If your husband’s employer refuses to comply please contact the Pennsylvania Department of Insurance here: http://www.insurance.pa.gov/portal/server.pt/community/contact_us/9305

  13. Robert

    I am employed by a small business ( less than 50 employee’s ) in Michigan. I recently heard effective Jan 1st 2011 that we will be changing our insurance carrier. Part of the new coverage is that dependent children over 18 will no longer be covered No Matter What.
    Do they have the right to refuse coverage to our children?
    Is this legal? What law if any would the company be in violation of?
    This will effect several people and their dependents. Whats going on?

  14. Robert,

    If your employer is changing policies effective January 1st, 2011 the new coverage must comply with the new PPACA (Patient Protection & Affordable Care Act). The PPACA (a.k.a “Obamacare”) requires plans and issuers that offer dependent coverage to make the coverage available until a child reaches the age of 26. Both married and unmarried children qualify for this coverage. This rule applies to all plans in the individual market and to new employer plans. It also applies to existing employer plans unless the adult child has another offer of employer-based coverage (such as through his or her job). For more information visit the following link: http://www.healthcare.gov/law/provisions/youngadult/index.html

    • Robert

      Because the law does not legally go into effect until 2014 does the employer legally have to offer this to their employee’s as I am sure there is additional cost to their premiums.

  15. Robert,

    That part of the law went in to effect on May 1st, 2010.

  16. TRICIA

    MY SON IS 20 AND WORKS 15 HOURS A WEEK. HE IS OFFERED HEALTH INSURANCE THRU THIS COMPANY BUT DOES NOT MAKE ENOUGH IN A WEEKLY PAY CHECK TO PAY FOR THE INSURANCE. CAN HE STILL STAY ON MY HEALTH INSURANCE PLAN. THE INSURANCE AT WORK COSTS MORE THAN HE BRINGS HOME IN HIS PAY CHECK

  17. Tricia,

    That depends entirely upon whether or not the health insurance plan you are on now insured on was purchased before or after March 23,2010, the date when the PPACA (Patient Protection & Affordable Care Act) was signed. If the health insurance plan you are insured on now was purchased BEFORE March 23, 2010 it is considered a “grandfathered” plan. Until 2014, “grandfathered” group plans do not have to offer dependent coverage up to age 26 if a young adult is eligible for group coverage outside their parents’ plan. Please check with your employer or your group health insurance plan administrator to see if the health insurance plan you are insured on now is a “grandfathered” plan. If it is not, then your son may stay on your policy until the age of 26 regardless of the fact that he is eligible for health insurance through his current employer.

  18. Bruce

    I have this really big problem with this whole thing. Since when is a 26 year old a child. This is ridiculous and the coddling of the youth in this country is despicable. I thought legally at 18 years of age you are considered an adult. We’ll they should get their own health insurance so the rest of us don’t have to pay for their free health care. Don’t tell me it’s not free cause if you are married and have ten kids and married with one kid you pay the same on most insurance rolls. Adults are adults no matter what. This is the healthiest sector of society and we are paying more to baby them even more!

  19. DJ

    Hi – I have 24 year old twins. Both of them go to school. On of them works part-time and made approx $10K last year and the other one collected unemployment for entire 2010. They both live with me and I cannot claim them as dependants due to their income. Are they eligible for my Health and Dental coverage enrollment?
    Please advise.
    Thanks

  20. DJ,
    You can indeed enroll your twins on to your health insurance plan and they may stay on your health insurance plan until the age of 26. They no longer need to be attending school in order for them to be enrolled on your plan. There are a few restrictions on this depending on what plan you have so please be sure to read the following information carefully: http://www.healthcare.gov/law/provisions/youngadult/index.html

  21. Denise

    I live in Ohio, on SSI with my husband, my 20 year old daughter is a full time student going to college in Fayetteville,NC/.
    What happens to her, she went to welfare in Carteret County, the only way to have any health coverage is if she is PREGNANT. She is not stupid and wants to finish college to take last 3 years of law school, she is junior now and graduates 2013, please tell me what to tell her denise_schrader@yahoo.com

  22. Lisa Montandon-Jimenez

    Both my x-husband and I live in Iowa, our 20 year old daughter has always been covered under his insurance but now he is going into early retirement. Can I add her to my insurance, she is going to nursing school and lives with me and is taking 9.5 hours this semester and 12 hours next semester. Please advise, Thanks you

  23. Cheryl

    Hi,

    Thanks for this info. Quick question. I am currently on my parents’ insurance, but am looking into changing my residency for work purposes. The job I am moving for is a limited-term position, so it includes no benefits, and am only 24 (I filled the form out to stay on until 26 earlier this year). Does changing my residency void my eligibility for coverage under their insurance? Also, do you happen to know how this might affect my dependent status? Or where I might be able to find these answers?

    Thanks!!
    Cheryl

    • Hi Cheryl, changing your residency does not void your eligibility for coverage under your parents insurance because the new PPACA (Patient Protection & Affordable Care Act) a.k.a. “Obamacare” is a Federal law and applies to all 50 states.

  24. Nancy Louise

    So I think in order to protect MY job I have to be diligent with my child and make sure if he is eligible for benefits, we use his and not jeopardize MY job. But am I understanding that in 2014, even if he is eligible through his employer, he can still be covered under my plan as it stands now? (California)

  25. Angela

    I will be 26 at the beginner of November this year. I live in Indiana. Will I be able to stay on my dad’s insurance until the end of the year or will I be cut off of his insurance on the day of my birthday?

  26. Angela. You will be removed on the first day of November. At that time you will need to purchase your own health insurance policy.

    • Angela

      Thank You very much for your quick response!

    • Debra Mills

      My son turned 26 on August 6th, he was in a car wreck on August 19th. Luckily, he was covered under my insurance until the end of August. I guess it varies state to state. I have BC/BS of California.

      • Debra,

        Since your son turned 26 during the month of August and your premium was already paid up for the month of August, your insurer acted correctly on the claims your son incurred during the month of August. This would be the same action taken regardless of the State. The PPACA mandates such action in all States the same way.

  27. Matt

    My son is 22 and is currently on my HD health plan. Is my son responsible to pay the deductibles and co-insurance when an event occurs or am I the one that gets stuck with the debt?

    • If you have a Traditional health insurance plan (non HSA qualified). It will depend upon how many family members are required to satisfy a calendar year health plan deductible during each calendar year. The good plans only require a maximum of 2 family members to ever satisfy a deductible regardless of how many family members are insured on the same plan. Other plans require 3 family members to satisfy a calendar year deductible and still others require each family member to do so. Check your “schedule of benefits” in your policy to determine this.

      If you have an HSA qualified plan, then all family members share one “aggregate” calendar year health plan deductible. In this case, any claims your son (or any other family member incurs) will be used to satisfy that one “common family” deductible. Keep in mind also that Preventative Care (wellness checkups) no longer require any “cost sharing” on the part of the insured.

  28. Vicki

    Hi,

    Just a quick question about the term, “dependent”…can my 21 old son be covered on my insurance if I don’t claim him as a dependent on my taxes? He is self-employed and independent.

    Thank you!
    Vicki

  29. TIM CLARK

    I have bc/bs of mich., my daughter is 24, she lives in indiana and i aam retired living in Florida. Ido not claim her on my taxes, and she just got married, is she still eligible to be on my .

  30. Brenda

    Hello,
    I live in Nebraska I am 19 years old, and my employer offers me health insurance but I am a full time student. Can I still be covered under my parents plan?
    Thank you!

  31. Don

    Newly married daughter is 21 and currently uninsured. Her husband can add her to his health policy Feb. 2012. As her father, can I instead put her back on my family policy to save the newlyweds some money. I also think my policy is better than my son in law’s.

  32. Virginia

    Hi, I am under my stepfathers insurance, however I recently moved in with my actual father and he will be claiming me this year for the first time ever. I am 18 years old. Can I still remain covered under my stepfathers insurance plan even if he is not claiming me?

  33. nick

    Hi I have been tugged both ways on my question and I am hoping you can help me. My wife and I were married in July and I just recently started a full time job. My parents plan will allow me to stay on until 26, but my wifes parents are under the assumption that as soon as I am “offered” a plan that she has to be off of theirs… ? Thank you for your help

    • Nick,

      The Federal “Patient Protection and Affordable Care Act’ a.k.a. “Obamacare” now allows you stay on your parents plan even if you are:

      married
      not living with your parents
      not attending school
      not financially dependent on your parents
      eligible to enroll in your employer’s plan

      There is one temporary exception. Until 2014, “grandfathered” group plans do not have to offer dependent coverage up to age 26 if a young adult is eligible for group coverage outside their parent’s plan. What is a “grandfathered” plan? Click here: http://www.healthcare.gov/law/features/rights/grandfathered-plans/index.html

  34. Annie

    Hi, I’m 24 and about to graduate grad school. So far, I have been covered under my mother’s insurance. I know I will have some type of insurance until 26 but will that insurance still be my mother’s or will I have to change to COBRA?
    It’s the “IF [other coverage is] AVAILABLE TO THEM” eligibility rules that worry me. I live in NY.

    Thanks

    • Annie,

      The Federal “Patient Protection and Affordable Care Act’ a.k.a. “Obamacare” now allows you stay on your parents plan even if you are:

      married
      not living with your parents
      not attending school
      not financially dependent on your parents
      eligible to enroll in your employer’s plan

      There is one temporary exception. Until 2014, “grandfathered” group plans do not have to offer dependent coverage up to age 26 if a young adult is eligible for group coverage outside their parent’s plan. What is a “grandfathered” plan? Click here: http://www.healthcare.gov/law/features/rights/grandfathered-plans/index.html

  35. Trinie H.

    My stepson is 2, however, recently got married. Can we still claim him on my health insurance.

  36. h. rae

    I’ll be 25 this year and am currently on my parents plan. I am chronically ill and unable to work a 9-5 job. I’m going through the process that will keep me on my parents plan even beyond 26 because I’m disabled, but I am wondering if I am able to earn any income at all. I know you can if you’re under 26. I don’t know if you are able to answer this, but I would be grateful if you could give me some information or links. Thank you in advance!

  37. Sam

    I am almost 21 years old. I lost my insurance from Child Heath Plus (a NY income base insurance plan, which was free for my dad) when I was 19, in January of 2010. My dad is covered under his own plan by VA. He is retired from the air-force. So in Feb. 2010 my dad and I were looking to get me into Family Heath Plus, which is almost the same as Child Heath Plus except its for adults. But because I was living at home and under 21, I was still a “dependent” and had to use my dad’s income information. He owns his own business and for some stupid reason they thought he was making more money then he actually was so I didn’t qualify. And we can’t afford any heath care plans that we have to pay for. Now that I’ve gone 2 years without health insurance (and $2,000 of my own money to pay for a broken ankle) I’m looking forward to turn 21 so I can apply for Family Heath Plus on my own and use my very low income information. But now am I still considered a “dependent” until I’m 26 years old???! I’m in a huge doughnut hole here. I was never under my dad’s heath insurance plan so I can’t go back on it until I’m 26. And if this new plan makes it so I can’t get heath insurance until I’m 26 because I have to use my dad’s income information, I am going to be really mad!!

  38. Melanie Murphy

    If you’re still in school and you’re 26 years old, can you still remain on your parent’s healthcare plan?
    Technically, I would remain a full-time student, or does it not apply to this new plan?
    I appreciate the new plan allowing everyone that applies to the rules to have healthcare, however, if you tell me that it would no longer apply to me even if I was a full-time student, that is bullshit (sorry for the language). It is very difficult to work a full-time job just to receive benefits while going to school. Trust me, I already work full-time, but don’t receive the benefits.

    Thank you for your time
    -Melanie Murphy
    Student that works her ass off to pay tuition to get a degree

    • Melanie,

      The Federal “Patient Protection and Affordable Care Act’ a.k.a. “Obamacare” now allows you stay on your parents plan even if you are:

      married
      not living with your parents
      not attending school
      not financially dependent on your parents
      eligible to enroll in your employer’s plan

      There is one temporary exception. Until 2014, “grandfathered” group plans do not have to offer dependent coverage up to age 26 if a young adult is eligible for group coverage outside their parent’s plan. What is a “grandfathered” plan? Click here: http://www.healthcare.gov/law/features/rights/grandfathered-plans/index.html

  39. Tammy

    We just found out our 20-year old daughter is pregnant. Is she still able to be covered on my husband’s insurance?

  40. Connor

    Steven, you seem to be more than helpful. i really need some help here. I understand the 26 yrs of age thing here, but there is one question for me. Im close to being 20, im in college right now at the University of Alabama working a part time job at Office Depot trying to help my parents pay for my education. I my Father works for Mercedes Benz in Alabama and has been telling me for the past 3 semesters that i need to be a full time student in order to be on his insurance. Well with me taking 5 classes a semester to get 12 hours, and also working 26 hours a week im kind of stuck between a rock and a hard place. since ive started ive had to bust my ass in every class to pass it so my GPA dosent drop, but right now im so far behind in two classes, with only 3 weeks left until the semester ends that i cant catch back up. we have Blue Cross Blue Shield, if i were to drop my two classes (both of which dont matter, they were just filler classes to get full time) would i still be insured? hes saying no, but he wants me to be full time. i cant handle all this at one time, espeacially with only 3 semseters of classes left for me to do. i need to take only the important classes and focus on them instead of some stupid filler classes to be full time, please help me!!!!

    • Hi Connor,

      The Federal “Patient Protection and Affordable Care Act’ a.k.a. “Obamacare” now allows you stay on your parents plan even if you are:

      married
      not living with your parents
      not attending school
      not financially dependent on your parents
      eligible to enroll in your employer’s plan

      There is one temporary exception. Until 2014, “grandfathered” group plans do not have to offer dependent coverage up to age 26 if a young adult is eligible for group coverage outside their parent’s plan. What is a “grandfathered” plan? Click here: http://www.healthcare.gov/law/features/rights/grandfathered-plans/index.html

  41. Michelle

    Hello! My family and I live in Pennsylvania at the moment but when I turn 19 in a few months I’m moving to California. My questions are, when I move to California will I still be able to remain on my parents insurance? If so, until what age would I be permitted to stay on? Thank you so much for taking the time to read/answer this.

    • Michelle,

      The Federal “Patient Protection and Affordable Care Act’ a.k.a. “Obamacare” now allows you stay on your parents plan even if you are:

      married
      not living with your parents
      not attending school
      not financially dependent on your parents
      eligible to enroll in your employer’s plan

      There is one temporary exception. Until 2014, “grandfathered” group plans do not have to offer dependent coverage up to age 26 if a young adult is eligible for group coverage outside their parent’s plan. What is a “grandfathered” plan? Click here: http://www.healthcare.gov/law/features/rights/grandfathered-plans/index.html

      In your case, you should also ask your parents to see if their existing health insurance plan will still cover you in the State of California. If the insurance company is a large national carrier like United Healthcare you should be fine because they have a nationwide PPO network. However, if it’s a smaller carrier they may not, so be sure to check before you move.

  42. Diane

    My daughter is 25years if age and on my insurance til she turns 26years old we just found out she may be pregnant will she still be cover?

  43. Ken

    I am currently 25 years old, living in Colorado. I am confused about whether or not I can still be insured until I am 26 under my parents insurance. I do not live at home with them, and am not currently enrolled in school. I work at a job that offers insurance but did not meet the deadline to apply for it, can I still be covered under parents insurance?

    • Ken,

      The Federal “Patient Protection and Affordable Care Act’ a.k.a. “Obamacare” now allows you stay on your parents plan even if you are:

      married
      not living with your parents
      not attending school
      not financially dependent on your parents
      eligible to enroll in your employer’s plan

      There is one temporary exception. Until 2014, “grandfathered” group plans do not have to offer dependent coverage up to age 26 if a young adult is eligible for group coverage outside their parent’s plan. What is a “grandfathered” plan? Click here: http://www.healthcare.gov/law/features/rights/grandfathered-plans/index.html

  44. Gaylynn Mergener

    my child was off my insurance and now is eligible for the age 26 law and now they are saying he is not eligible because he has a preexisting condition is there any thing i can do to get him on it?

  45. Rebecca

    Im 19yrs old and I live in indiana. My dad said he took me off his insurance because im19 and not in school. Can he do that? does this new law only count in certain states or in every state?

    Thanks.(:

    • Rebecca,

      The law is a Federal law and applies to all 50 States. The Federal “Patient Protection and Affordable Care Act’ a.k.a. “Obamacare” now allows you stay on your parents plan even if you are:

      married
      not living with your parents
      not attending school
      not financially dependent on your parents
      eligible to enroll in your employer’s plan

      There is one temporary exception. Until 2014, “grandfathered” group plans do not have to offer dependent coverage up to age 26 if a young adult is eligible for group coverage outside their parent’s plan. What is a “grandfathered” plan? Click here: http://www.healthcare.gov/law/features/rights/grandfathered-plans/index.html

  46. sherri

    I Have an 18 yr old daughter currently covered on my husbands insurance. My question is are we required to cover her beyond age 18 or is that just an option.

      • sherri

        Is the insurance carrier required to pay deductibles & balances or the 18 yr old dependant, Insured under that coverage, that sought medical attention. We live in Illinois

      • Sherri,

        The insurance carrier is not required to pay deductibles or balances. Those would be the responsibility of the newly insured.

      • sherri

        My question was not stated clearly, let me rephrase. My husband has Insurance coverage for our family including our 18 yr old. I need to know if my husband or my 18 yr old, whom does not reside in our household, has the responsibility to pay uncovered or remaining balances.

      • Sherri. The primary policy holder (who I assume is your husband) would hold the ultimate responsibility.

      • Patrick

        Is there a clear section of the Obamacare law that shows that it is not “required” to cover an 18 year old. My daughter is 18 and has decided to move in with her unemployed mother after abandoning her 14 years ago. When my open enrollmet comes around can I drop her from my coverage or am I required to cover her till 26. If you could point me to a section in the law that states that it is not required I would appreciate it

      • Patrick,

        It is an option to keep your child on your plan until they are age 26. It is not mandatory.

  47. Sarah Bell

    Hii i am 18 and i am on my parents insurance plan but i am planning on moving to arizona, right now we have anthem blue shield i was wondering if i move do i have to be enrolled in school to keep their insurance or can i not go to school? As well do i have to be a full time or part tme student?

    • Sarah,

      The law is a Federal law and applies to all 50 States. The Federal “Patient Protection and Affordable Care Act’ a.k.a. “Obamacare” now allows you stay on your parents plan even if you are:

      married
      not living with your parents
      NOT ATTENDING SCHOOL
      not financially dependent on your parents
      eligible to enroll in your employer’s plan

      There is one temporary exception. Until 2014, “grandfathered” group plans do not have to offer dependent coverage up to age 26 if a young adult is eligible for group coverage outside their parent’s plan. What is a “grandfathered” plan? Click here: http://www.healthcare.gov/law/features/rights/grandfathered-plans/index.html

  48. Carrie

    My daughter is a full-time student at a university in Michigan which I claim as a dependent on my taxes. Her father and I are not married; therefore, is she able to be on his insurance under the “Affordable Care Act” providing his insurance does not fall under the “grandfathered” plans?

  49. Chelsea

    I am 22 years old, I live in Ohio, I just graduated from college, and I have a full time job through a temp agency that offers health benefits. I am currently on my parents insurance plan.
    The healthcare representative for my temp agency told me that it is against federal law to be on my parents insurance because I am working for a company that offers me health benefits and it doesn’t matter if my parents plan is grandfathered. My mom called our insurance company and they said I was allowed to be covered on her plan until I am 26, but our rep at my company says that they don’t know what they are talking about and I need to get it in writing. A little help?

    • Chelsea,

      The “healthcare representative” for your temp agency is an amateur. If he or she holds an insurance license please tell them to forfeit it and find another career. Preferably NOT in the financial services or insurance arena.

      The Federal “Patient Protection and Affordable Care Act’ a.k.a. “Obamacare” now allows you stay on your parents plan even if you are:

      married
      not living with your parents
      not attending school
      not financially dependent on your parents
      ELIGIBLE TO ENROLL IN YOUR EMPLOYER’S PLAN

      Also, it does INDEED matter if your parent’s plan is grandfathered because grandfathered plans are the one temporary exemption from the aforementioned new law. Until 2014, “grandfathered” group plans do not have to offer dependent coverage up to age 26 if a young adult is eligible for group coverage outside their parent’s plan. What is a “grandfathered” plan? Click here: http://www.healthcare.gov/law/features/rights/grandfathered-plans/index.html

  50. Alice Arnold

    My 28 yr old daughter lives with us along with her two daughters. She is unemployed, but a full-time student. Her girls are covered by medicaid so they get their regular check ups. She is not yet divorced. Her husband is not insured. Neither is she, and she is not getting medicaid coverage. She is diabetic – so unfortunately she is not getting the regular check ups she needs. Is there anyway she can be put on my insurance until she completes her degree and is again able to be on her own?

  51. Jenn

    I just received a letter from my insurance that covers dental and eye care. They told me that because my daughter is not enrolled in school that she will be taken off of my plan. I live in New York. I thought that Healthcare was healthcare General Doctor, specialist, dental and eye. Am I wrong?

    • Jenn

      Sorry, I forgot. She is 21 years old.

    • Jenn,

      If the dental and vision plans are provided by a separate carrier than the medical and if an employee can make a separate election and premium payment for the dental and vision without having to have these benefits mirror the medical, then the carrier does not have to offer dependent benefits to age 26. Many dental and vison carriers are offering to continue benefits to age 26 as a courtesy, please check with the carrier to determine their position.

  52. Brionna

    Hi. You seem to be a lot of help, maybe you can help me. I turn 26 January 3, and under my understanding I will no longer have insurance through my parents. Above on the chart for Ohio it says I may be able to stay on my parents insurance until I’m 28, which is where I live. Is this true, and do I have to do anything to make sure this happens?

    • Brionna,

      Prior to the passage of the PPACA, there were several States that passed laws allowing an “adult dependent” to stay on their parents plan pass the age of 26. Ohio is one of them. If your parent plan is a fully insured plan and not a self funded plan you should be able to stay on until the age of 28 in Ohio. To be absolutely sure, contact the Ohio Department of Insurance Consumer Hotline directly at 1-800-686-1526.

  53. Kathy

    My daughter is 19 and has moved to another state. She has not been financially supported by us all year and we will not be able to claim her as a dependent on our taxes. Considering all this, can she remain on our health insurance under this new law?

  54. heather

    hey I’m 21 and live in washington state my dad is retired air force and was told when I turned 21 that I was not eligible to be under his insurance anymore… This was on sept. 24th 2011 that I was told this

    • Heather,

      The Federal “Patient Protection and Affordable Care Act’ a.k.a. “Obamacare” now allows you stay on your parents plan even if you are:

      married
      not living with your parents
      not attending school
      not financially dependent on your parents
      eligible to enroll in your employer’s plan

      There is one temporary exception. Until 2014, “grandfathered” group plans do not have to offer dependent coverage up to age 26 if a young adult is eligible for group coverage outside their parent’s plan. What is a “grandfathered” plan? Click here: http://www.healthcare.gov/law/features/rights/grandfathered-plans/index.html

  55. Jim

    This is Illinois specific. If the parent of the insured is a veteran, IL seems to allow coverage up to 30 years for the insured. He is 26 next April. On limited reading, the veteran must also be an IL resident. While my son is now an IL resident having paid state income tax for several years, has car liscensed in IL, banks there, and rents his residence in IL … it seems my Ohio residence might limit use of my insurance to cover his health care I have been paying his auto and healthcare costs, and he has supported all other aspects of his cost of living. Does my OH residence limit the extension to 30? How would COBRA take place? thru current provider after 26

    • Hi Jim, you will be able to continue your son’s coverage on your plan until the age of 30 since HE is an Illinois resident and a veteran (I thank him for his honorable service to our country.) If you are electing Cobra continuation coverage just be sure to elect the EC (employee child) option so that you are both covered on your Cobra continuation plan for 18 months after you leave your current employer. Also, for frame of reference. The age to continue coverage for adult dependents in Ohio is 28 (even if they are not in the military) so you should have no difficulties either way.

  56. Our son is senior in high school and is on our family health isurance plan that I have through work. Would he be eligible to continue to receive this if we would not claim him as a dependant on our taxes?

  57. Leo Jimenez

    Thanks for a load of knowledge in this blog. I do have a question and it may or may not have been answered. I’m an unemployed construction worker(winter vacation) my wife is a teacher we both reside in Illinois. right now I’m under her health care plan until i build hours to have mine reinstated. I have two children, my daughter is going on 25 and thanks to the new health care reform we were able to get her the care she needed not quite two years ago, a health issue that disabled her for about 7 months.She is now back to work and doing well. I also have a son who recently went back to collage to get a degree because of his struggling for employment the last 5 years, he works part time for a business that does not offer insurance nor does he get the hours required for insurance even if they did offer it.My son is going on 27. My question is can my son still be covered under our health plan, and for how long? We are under the impression that so long as he is a full time student he can be covered until he is 28. , is that a fair impression? If not what are the rules for our situation?

    • Leo,

      Your son can only stay on your plan until the age of 26 unless he is active duty military. If he is active duty military he can stay on your plan until the age of 30. At his age, the cost of health insurance is extremely affordable. You can shop for rates via our site at http://www.SmallBusinessInsuranceServices.com

      Also, long before the new health care plan, we had a State High Risk health insurance pool that will today and would have covered your daughter’s health issue LONG before the new health care plan. The details about our State High Risk health insurance pool can be found at http://www.Chip.State.Il.Us

      The new Federal “Pre-Existing Condition Plan” (Federal High Risk Pool) is a completely unnecessary and extremely expensive $5 Billion additional burden on the U.S. Tax Payer. Worse yet, in order for one to qualify for the new “Pre Existing Condition Plan” they must be uninsured for a period of 6 months prior. That money should have been spent on ‘shoring up’ our existing State High Risk health insurance pools so that those premiums were more affordable for the millions of Americans who are on them today.

      I expose the fallacy of the need for a Federal “Pre Existing Condition Plan” in the piece I recently wrote for American Thinker. http://www.americanthinker.com/2011/06/obamacare_a_health_care_reform_for_all.html

  58. Liz

    Hello, my daughter is 24 and is pregnant. She is currently on my plan and I realize she is covered until age 26, however what about the baby? How does that work for delivery and even after care? Thanks for your help
    Liz

    • Liz,

      So long as you notify your insurance carrier within 30 days of your grandchild’s birth they must cover your grandchild with no underwriting required. If you have maternity coverage on your plan, the delivery will be a covered expense as well. If not, that cost will be an out of pocket expense.

      • Andy

        Hi. Please clarify for me… My 24 yr old daughter is single and pregnant with the baby due this month. My daughter is currently covered under my Employers UHC coverage. I called UHC yesterday to learn about coverage for the newborn. I believe what I heard was that the baby would not have health care coverage after the time of birth. My coverage could only be extended to the baby if I were to legally adopt the baby. My daughter’s prenatal care has been pretty well covered under our plan thus far. Did I misunderstand the UHC Rep or did I ask the wrong question.
        Will this baby have any coverage extending from my Employee Family Plan at the time it is born? Thank you in advance for your reply, Andy
        ps. My daughter has been in contact with UHC frequently. She is surprised by the above information. She says that she was told that there was, in fact, some sort of 30 day period to sort everything out..?

      • Andy,

        Whilst Obamacare mandates that you can keep your adult dependent on your plan until they are age 26 and it also mandates that maternity be covered on all ‘non grandfathered’ plans (plans sold after Obamacare was signed into law on 3/23/10) as of 1/1/2014. It does NOT extend that maternity coverage to children born to adult dependents of yours who are insured on your plan. This being the case, please be sure let your daughter know that she should purchase her own plan now during the first national “Open Enrollment” period. It ends on March 31st 2014.

        If she applies before the end of January, her coverage will begin on March 1, 2014. It is too late at this juncture for her to apply for a February 1, 2014 effective date. She can not be denied coverage during “Open Enrollment” and then she will have full coverage for maternity charges, both prenatal and postnatal. Regarding the 30 days you mentioned. She will need to notify her new insurer within 30 days of her child’s birth to make sure that the baby is covered on her policy. To shop for a plan for your daughter please click here: https://www.quotit.net/eproIFP/webpages/infoEntry/infoEntry.asp?license_no=EK8U3R

        Lastly, her only option to get coverage on her own NOW before 2/1/2014 (and it’s a slim option at this late date in January) is for her to try to apply for Medicaid in your state right now. You can locate your local Medicaid office here: http://www.medicaid.gov/

  59. Jeff Miller

    My 20 year-old non-custodial daughter is enrolled full time in college, wherwe she has the option to purchase the college’s insurance. Can I remove her from my own policy?

  60. Gemma

    Does the new law apply to guardianship situations? I recently obtained guardianship of my niece and will be adding her as a dependant to my health insurance plan. When she turns 18, will the new law allow her to remain on my plan until she can afford to insure herself?

  61. Laura

    My son is 24, has a part-time job, no health insurance of his own and still lives at home. He no longer is enrolled in collage. Can we drop him from our health insurance? We live in Ohio. The cost of insuring him with us is $200 more per month. We want him to take this responsibility.

  62. Maria Katigbak

    Can someone drop their stepchild (18 yrs) from their health insurance if he is no longer living at home or no longer attending school?

  63. Mark

    my son will be graduating high school in May; he turns 19 in August. He will not be attending college. We live in KY but my insurance carrier is out of NY. Will I be able to keep him on my insurance? If so; are there any issues I should know of.

  64. Giovanni

    Can my child still get benefits even though he has a different address?

  65. Nita Jackson

    How long can a student stay on their parents insurance plan? Can they still be on it if they get married.

    • Nita,

      Dependent adults can stay on their parents plan until the age of 26. They do not need to be attending college. They can stay on until the age of 30 if they are active duty military members.

  66. Mary Martin

    I’am 56 years old and covered under my husbands retiree insurance plan. His primary insurance is now Medicare. Our daughter, age 19, is covered along with our 22 year old son. Is there anyway to keep our son on my husbands retiree health insurance plan past 23? They say he will be taken off then which seems very unfair. We pay fairly high premiums. He is still a college student and is unemployed.

  67. Sam

    My husband is currently in the military, and he will be getting out in 2013. We will be living on our own, and he will be a full time student, I will have a full time job (I don’t know where yet). He is currently 21 and I am currently 20. When he gets out of the military, will I be able to get back on my parents health insurance, and will he be able to get back on his parents plan? Thank you.

  68. John

    If Obamacare is repealed by the Supreme Court, what does that mean for children that are on their parents insurance? Will they still be allowed to stay until age 25?

    • John,

      Yes, they will be able to do so. Just as they were able to do so in nearly EVERY State LONG before Obamacare. Below are the States that already had laws on the books before the PPACA that provide continuation of coverage for adult dependents regardless of their college attendance.
      Table of State Laws (Updated August 20, 2009)
      State Laws
      Colorado Colo. Rev. Stat. § 10-16-104.3 states that a child is considered a dependent for insurance purposes up to age 25 (even if they are not enrolled in an educational institution) as long as they are unmarried and are financially dependent or share the same permanent address as the insurance provider.
      Connecticut C.G.S.A. § 38a-497 requires that group comprehensive and health insurance policies extend coverage to unwed children until the age of 26 provided they remain residents of Connecticut or are full-time students.
      Delaware Del. Code Ann. Tit. 18, § 3354 requires insurance providers to cover policyholder’s dependent children until age 24. Dependents must be unmarried and a resident of Delaware or, if living outside the state, a full-time students. Insurance companies may charge more for dependent coverage past age 18, but it may not exceed 102 percent of the policyholder’s cost before the child turned 18.
      Florida Florida 627.6562 allows for dependent children up to 25, who live with their parent or are a student, and up to 30 years old, who are also unmarried and have no dependent child of their own, to remain on their parents’ insurance.
      Georgia Ga. Code § 33-30-4 allows dependent children up to age 25 who are enrolled as a full-time student at least five months during the year or are eligible to enroll but are prevented due to illness or injury to remain on their parents’ insurance.Ga. Code § 33-24-28 requires that a health services plan or health insurer exempt dependent children incapable of self-sustaining employment due to disability from dependent age limits.
      Idaho Idaho Stat. § 41-2103 allows for any unmarried dependents to remain on their parents’ health insurance until age 21; any full-time, unmarried student until age 25; or a dependent with a disability without regard to age.
      Illinois 215 ILCS 5/356z.12 provides parents with the option of keeping unmarried dependents on their health care insurance up to age 26. Parents with dependents who are veterans can keep them on their plans up to age 30.
      Indiana IC 27-8-5-2,28 and IC 27-13-7-3 require commercial health insurers and health maintenance organizations to cover children until age of 24 or without regard to age if they are incapable of self-sustaining employment due to disability.
      Iowa Iowa Code § 509.3 and Iowa Code § 514E.7 requires that health insurance providers continue to cover unmarried children under their parents’ coverage provided that the child 1) is under the age of 25 and a current resident of Iowa, 2) is a full-time student, or 3) has a disability.
      Kentucky Ky. Rev. Stat. § 304.17A-256 allows parents to keep their unmarried children on their health plans until the age of 25. Parents may have to pay extra for their adult children.
      Louisiana La. Rev. Stat. Ann. § 22:1003 allows an unmarried, dependent child to remain on parent’s insurance up to age 24 if they are a full-time student.
      Maine 24-A MRSA § 2742-B requires individual and group health insurance policies to continue coverage for a dependent child up to 25 years of age if the child is dependent upon the policyholder and the child has no dependents of the his/her own.
      Maryland MD Code, Insurance § 15-418 requires that health insurance be extended to, at the request of the policy holder, unmarried dependents under the age of 25.
      Massachusetts Mass. Gen. Laws Ann. Ch. 175 § 108 allows dependents to stay on their parent’s coverage for two years past the age of dependency or until age 26, whichever occurs first, or without regard to age if they are incapable of self-sustaining employment due to disability.Young adults ages 19-26 are eligible for lower-cost insurance coverage, tailored to meet their needs, offered through the Commonwealth Health Insurance Connector. Reform summary and fact sheet, PowerPoint presentation; More information.
      Minnesota Minnesota Chapter 62E.02 Defines “dependent” as a spouse or unmarried child under age 25, or a dependent child of any age who is disabled.
      Missouri Mo. Rev. Stat. § 354-536 defines dependent as an unmarried child up to age 26. If a health maintenance organization plan provides that coverage of a dependent child terminates upon attainment of the limiting age for dependent children, such coverage shall continue while the child is and continues to be both incapable of self-sustaining employment by reason of mental or physical handicap and chiefly dependent upon the enrollee for support and maintenance.
      Montana MCA 33-22-140 provides insurance coverage under a parent’s policy for unmarried children up to age 25.
      Nevada NRS 689C.055 allows an unmarried, dependent child who is a full-time student to remain on his or her parent’s insurance up to age 24 if parent is covered by small group policy.NRS 689B.035 requires that dependents retain coverage beyond age of policy termination if they are incapable of self-sustaining employment due to disability.
      New Hampshire N.H. Rev. Stat § 420-B:8-aa defines dependent as those who are unmarried up to age 26 and either a full-time student or resident of New Hampshire for purposes of health insurance coverage.2009 SB 115 allows those up to age 26 to buy-in to coverage through the state’s CHIP program, Healthy Kids.
      New Jersey N.J.S.A. 17B:27-30.5 states that, at the option of the insured person, a dependent may be covered up to the age of 31, as long as they are unmarried and have no dependents of their own.
      New Mexico NM Stat. Ann. § 13-7-8 states that health insurance for dependents may not be terminated based on age up to age 25.
      New York 2009 AB 9038 allows an unmarried child to remain on parent’s insurance up to age 30 if they are a resident of New York.
      North Dakota N.D. Cent. Code § 26.1-36-22 allows an unmarried, dependent child to remain on parent’s insurance up to age 22 if they live with parents. If they are a full-time student, they can remain on parent’s insurance from age 22 up to age 26.
      Ohio Ohio Rev. Code § 1751.14, as amended by 2009 OH H 1 allows an unmarried, dependent child that is an Ohio resident or a full-time student to remain on parent’s insurance up to age 28, or without regard to age if they are incapable of self-sustaining employment due to disability.
      Oregon O.R.S. § 735.720 defines dependent as an unmarried child up to 23, elderly parents and disabled adult children for the purpose of insurance coverage.
      Pennsylvania 2009 SB 189 states that an unmarried child may remain on parent’s insurance up to age 30 if they have no dependents and are residents of PA or are enrolled as full-time students.51 Pa.C.S.A. § 7309 states that full-time students whose studies are interrupted by service in the reserves or the National Guard must be extended health care benefits as a dependent of their parent beyond the terminating age equal to the length of their deployment..
      Rhode Island R.I. Gen. Laws § 27-20-45 and Gen. Laws § 27-41-61 requires insurance plans which cover dependent children to cover unmarried dependent children until age 19 or, if a student, until age 25. If the dependent child is mentally or physically impaired, the plan must continue their coverage after the specified age.
      South Carolina S.C. Code Ann. § 38-71-1330 allows an unmarried, dependent child who is a full-time student to remain on parent’s insurance up to age 22 if parent is covered by small group policy.S.C. Code Ann. § 38-71-350 requires that a dependent child who is not capable of self-sustaining employment be allowed to remain on his or her parent’s insurance, without regard to age.
      South Dakota SD Codified Laws Ann. § 3-12A-1 states that any insurance provider offering benefits to a dependent may not terminate those benefits by reason of age before the dependent’s 19th birthday. If the dependent is enrolled in an educational institution, they are not to be terminated until they reach age 24 and not terminated if unable to seek self-support due to disability.SD Codified Laws § 58-17-2.3 states that if the dependent remains a full-time student upon attaining age 24 but not exceeding age 29, the insurer shall provide for the continuation of coverage for that dependent at the insured’s option.
      Tennessee Tennessee Code Ann. § 56-7-2302 allows for dependent coverage for children under their parents’ health insurance plan up to age 24 provided the child is unmarried and financially dependent on the parents.
      Texas V.T.C.A. Insurance Code § 846.260 and V.T.C.A. Insurance Code § 1201.059 make dependent status available for an unmarried child up to age 25 for insurance purposes.
      Utah Utah Code Ann. tit. 31A § 22-610.5 requires that coverage for unmarried dependents continue up to age 26, regardless of whether or not the dependent is enrolled in higher education.
      Virginia Va. Code Ann. § 38.2-3525 makes dependent status available to any child up to age 19 or who is a dependent up to age 25 who resides with the parent or is a full-time student.
      Washington West’s RCWA 48.44.215 states that, at the option of the insured person, an unmarried dependent may be covered up to age 25.
      West Virginia W. Va. Code § 33-16-1a defines dependent for health insurance coverage as a child or stepchild up to age 25.
      Wisconsin Wis. Stat. § 632.885 requires that coverage for unmarried dependents through a parent’s insurance be offered up to age 27 if they are not offered insurance through an employer. Full-time students called to active duty in the armed forces can be covered beyond age 26 depending on various factors.
      Wyoming Wyo. Stat. § 26-19-302 states that if child is unmarried and a full-time student, they can remain on parent’s insurance up to age 23 if parent is covered by small group policy.

      Source: State Health Facts and NCSL, 2009.

  69. Jim

    I found three details / soutions to supporting your dependent’s healthcare expenses AFTER age 26:
    First, the entire month of the 26th birthday date is covered by United Healthcare under my retiree plan where I worked and am now retired … so its the last day of the month of the birthday date when the dependent becomes 26.
    Second, with my retire insurance I have (UHC), I need to inform them I wish to continue the same plan at the same costs and coverage but change to “Household Dependent” coverage with 3 rules tfor my dependent to qualify:
    (1) dependent is US Citizen
    (2) dependent is 50% of support.
    Third there is an IRS provision that if I pay healthcare expenses DIRECTLY to the doctor/hosipital/provider … it does not count as part of annual gift tax limits I may choose to give that dependent. Additional education expenses fall under this same IRS gifting exemption. Clearly this is not insurance except family backup to the off spring. I can not pay the dependent directly for my dependent to then pay the bill … I need to write the check directly to the provider. I covered my 29 year old daughter’s lasic surgery this way, and was still free to gift her the maximum amount in 2011.

    # 1 and #2 may be UHC specific and specific to Ohio, and perhaps specific to where I worked under their retiree benefits … but it does suggest you have a conversation about extending with your current insurance source AND BEFORE the last month has passed.
    #3 seems to be US wide … and is not really insurance, but it does allow parents to help out their kids with today’s high cost of healthcare.
    My initial post was Jim
    December 19, 2011 at 7:51 pm
    THANKS for the GREAT Blog!!

    • Jim

      oops, something was dropped …
      Under option 2 – Household Dependent from age 26 on. Rule 3 is less than age 65 for the dependent … as in caring for your own parents.

  70. Katie

    My question still is can a commercial insurance company deny to accept my son because he has Medicaid already? He is considered disabled. I would like to get ABA therapy for him & they don’t accept Medicaid. So I tried to add him to my Anthem plan & they denied him coverage. They can’t discrimnate for pre existing conditions but what about this? Do they have this right? What is the law?

    • Katie,

      Under 1996 Federal Hippa Portability law, your son can not be denied coverage for pre existing conditions if he has had at least 18 months of prior coverage without a lapse of coverage between health insurance plans of more than 63 days. If your Anthem plan is an employer sponsored group health insurance plan it can not deny him coverage for pre existing conditions. However, if you try to add your son outside of your annual open enrollment period he can indeed be denied unless their is a special qualifying event. Your group plan administrator will be able to define for you what a qualifying event is on your particular plan. Typical qualifying events are divorce, return from military service, marriage, adoption etc. If your employer’s Anthem plan will not add your son because they do not consider your request to add him (outside of the annual open enrollment period) to be a qualifying event. You must wait until your group’s annual open enrollment period before adding your son. Since all Americans insured on group health insurance plans were protected against pre existing conditions since 1996. There were no changes to these protections in the Obamacare legislation.

      Now, if your son is under the age of 18 and you have your own individual/family health insurance plan, your insurer can not deny him coverage for pre existing conditions and must offer him coverage. That said, they can and will charge considerably more if you add him to your policy. The typical maximum premium percentage increase I have seen across the board, since Obamacare passed, is a 500% more. So whilst the law did indeed change, it has proven to be an unaffordable option for most parents with children who have costly pre existing conditions.

  71. Hi, I am 24 yrs old and I will be entering pharmacy school which is 4 years long. I will be a student until age 28. Since I will be a student past 26 can I still get coverage or no?

    • Jackie,

      The new law does not require you to be attending college in order to stay on your parents policy until age 26. That stated at age 26, you will need to purchase your own health insurance policy. The only way to stay on your parent policy longer than that is to serve in the Military. In which case, you can stay until age 30.

  72. Claudia Mikicich

    my husband is 52 and retiring from his job. he will receive health insurance through his retirement benefits. they say that our children will not be covered past the age of 19 unless they are enrolled in college full time. this is not medicare it is through the company he worked for.

  73. Mickaela

    hi, im 17 years old and my parents allowed for me to move out. will i still be covered by their insurance even though i dont live with them?

    • Mickaela, your parents can choose to keep you on their plan until the age of 26 or age 30 if you serve in the military. It is their choice to do so, they are under no obligation to do so.

  74. lauri knowlton-fleming

    My twin daughters turned 20 on May 2012. They were covered under my medical ins but now the ins company says we have to provide proof they are full time college students to still be covered. Is this true?

    • Lauri, your insurance company can only require that they are attending college if the plan you are on is a ‘grandfathered’ plan. Meaning that it was purchased before Obamacare was passed on 3/23/2010 and no changes have been made to the plan since. If so that plan is fully exempt from the Obamacare mandates until January 1, 2014. At that date all plans must comply unless Obamacare is overturned with a new Senate and President in 2013.

  75. Lynn

    I am a divorce attorney and this is causing a big mess. I cannot find any information that confirms a parent can in fact, drop the adult child if they want to. Not every parent wants to continue to pay for health insurance after the child is emancipated.
    Can the parent can drop the kid but the insurance company has to “offer” it to the adult child? Do the parent still have to pay the premiums if they do not want to? Is the adult child responsible?
    I ask as we often have one parent providing the health insurance and the premiums are divided between the divorced parents. In the state of Minnesota, parents are no longer required to provide support after they emanciate (turn 18 or graduate high school, whichever occurs last, but not after age 20). If the parent providing the insurance has to pay the premiums up until the adult child turns 26, at least in Minnesota, the other parent can stop paying towards the premiums when the child emancipates. This is a bad deal for the parent providing the insurance.

    What is required of the parent providing the insurance?

    • Lynn,

      It is not a mandate that parents keep their ‘adult dependents’ on their health insurance plans. It is simply an option they can choose to pursue if their health plan offers coverage to ‘adult dependents’.

    • Lynn, the parent can CHOOSE to keep their ‘adult dependent’ on their plan until the age of 26 or age 30 if they serve in the military. They are under no OBLIGATION to do so.

  76. Haley

    Hi I am from MI and on my parent’s health insurance plan. I am 21 and not a student. I recently married my husband who does not have insurance, can I stay on my parents healthcare plan until I’m 26? I see that MI is not included in the table above so I wasn’t sure what that meant.

    • Haley, you can stay on your parent’s policy until the age of 26 or 30 if you serve in the military. Whether you are married or not and whether you are attending college or not.

  77. Our son is 21, very low income, having made less than $4000 last year, can’t even make rent and utilities. He is currently on my husband’s group policy for an additional $150/mo. We have also had to pay out of pocket about $1000 this year for him, primarily because of dental workWe are near retirement and cannot afford to pay this anymore, especially as my income has been drastically curtailed in the last year. He engages in risky behavior and refuses to pay anything toward his insurance (not that he can afford to. If my husband drops him off his policy, can he find affordable insurance with his pre-existing condition which resulted in his incarceration and commitment to a juvenile mental facility during high school. His preexisting condition resulted in the insurance company asking for $1500/month which we couldn’t pay, so he went uninsured until the Affordable Care Act provision adding him to parent’s group insurance went into effect. Is there any relief for him by applying for Medicaid or relief for us by government subsidizing his premiums under my husband’s plan? My husband plans to drop him at our next insurance enrollment in November, which means he will have no coverage for 2013. Will he be eligible for anything that year or in 2014?

  78. SharonS

    I have a son who is 23 years old, graduated last year from college and is still on my health insurance (in DE). He just got a job where they offer health benefits. Does he HAVE to purchase them at his new job or can I continue to keep him on my coverage for the next year?

    • Sharon, you may keep your son on your policy until the age of 26 or 30 if he is in the military. He is under no obligation to enroll in the health insurance provided by his employer.

  79. sabrina

    hi i am 18 now i graduated and i want to move out with my fiance can i since its the law? even if im under my moms health insurance. and even if i have to take sleeping meds every night. is it true that ur parents can keep u at home until ur in ur 20s or can u move out no matter wht when ur 18?
    By:sabrina

    • Sabrina, At the age of 18, you are a legal adult. You can move out and live wherever you chose. Your parents can choose to keep you on their policy until you are age 26 or age 30 if you are in the military. It is their choice to do so. It is not a law that they have to do so.

  80. sabrina

    help me out with my ? plz

  81. sabrina

    can u still move out if ur under ur moms health insurance?
    by:sabrina

  82. sabrina

    people i need answers plz?
    by:sabrina <3

  83. sara

    can any medical / health insurance keep me from moving when im 18 if my mom pays for it?

  84. Tara

    So I know this article explains it quite well, but i was told that even if you get married you can stay on your parents health insurance until 26 is that true? but the article said something about being a dependent…?!

  85. patricia

    my child is on my ins. and will turn 26 in august and she is diagnoised duel bioplar and drug i need to no if she can get ins. thru blue cross i want to no if they would continue coverage if if pay the difference. i am running out of time she needs long term help

  86. Nate

    When I was 24 I had Gastric Bypass Surgery. I have lost over 160 pounds and am doing great. I stayed on my mothers insurance because she works at a hospital and she has great insurance. I am turning 26 soon and need to get a new policy. I tried to extend hers which is an option but was denied because I had Gastric Bypass. Apparently that is a red flag which underwritters cant ignore. The only problem is that im not getting a new insurance company Im staying with my current one, who paid for the surgery. Is there anything I can do to extend my policy under my mothers even though I had gastric bypass 18 months ago?

    • Nate, you should be able to elect Cobra continuation coverage from your parent’s plan. This will extend the current coverage you have now for another 18 months. So long as your parent’s plan is not a “Grandfathered plan”. A “Grandfathered plan” is an employer sponsored group health insurance plan that was purchased prior to the passage of Obamacare on 3/23/2010 and is a plan that has made no changes to the design of the plan since 03/23/2010. Check with your parents to see if they have a ‘Grandfathered plan’ or a current plan. If they have a current plan, then you will be able to elect COBRA continuation coverage for another 18 months.

  87. Mark England

    My 19 year old niece is living with us due to a bad home life. She had to declare her independent status with the college she’s attending so she could be eligible for FASFA. Since then her parents removed her from their insurance. Are they allowed to do that or did her declaring her “independence” give them the option of dropping her coverage?

  88. Terry L.

    My child turned 18 in October but is still in high school. We live in NC – do I still have to cover her under my health/dental insurance? I have a court order to cover her until she is no longer a minor but I thought 18 was no longer a minor but not sure if I have to keep her on my plan since she is still in high school.

    • Terry, you are under no obligation to insure your child pass the age of 18. The new healthcare law – and many state laws that were passed before the new health care law – allow you the option to insure her to the age of 26. This however is only an option.

  89. John

    I am 23 and still under my mothers insurance plan which is provided by her employer. They state that if I am offered coverage that I have to take it. And apparently they are now inquiring about my status. Is this legal, and do I have to take the insurance I was offered?

    • John, it sounds like your mother’s insurance plan is a ‘grandfathered plan’. Meaning that is was purchased before the passage of the PPACA (Obamacare). If that is the case, until 2014, “grandfathered” group plans do not have to offer dependent coverage up to age 26 if a young adult is eligible for group coverage outside of their parent’s plan. If it is not a ‘grandfathered plan’ then your mother’s employer no longer has the legal right to ask if you offered health insurance elsewhere by an employer.

  90. sam

    I am 19 and live in Wisconsin. Both of my parents are deceased. I was on my mothers health insurance plan after she had passed. When i turned 18 I was told that I was no longer covered by her insurance even though I was enrolled in college at that time. Is there any way that I would still be eligible to be on her insurance?

    • Sam,
      If your mother is deceased, there is no more health insurance coverage for her. This being the case, it is impossible for you to continue coverage under that plan.

  91. Marie

    I know it seems redundant but my daughter is 20, will be 21 in the summer, has her own daughter but cannot obtain insurance through her work as she missed the enrollment date. She is planning on moving out soon will she still be able to be covered under my insurance? We live in Ohio.

  92. Andrea

    I am turning 26 this Sunday and I’m still on my dad’s MO blue cross blue shield insurance. Will the insurance be cut off this Sunday, till the end of the year or till I turn 27? Thanks.

  93. Becca

    Currently 18 working a full time job as well as going to school full time. In 2 months I will be eligible for the health benefits but I was wondering if I can refuse it and still stay on my father’s or should I take it and be removed from his. I have been reading up about the acts and policies and I am still somewhat confused.

    • Becca, that is your choice and your father’s choice. Your father can choose to keep you on his policy until age 26 whether you are attending college or not. If your father’s coverage is better than what you have now and your father allows it. You may be better off staying on his plan. Again, it is your option as to which coverage to pursue. Compare the plans and choose what’s best for you.

  94. Carly B

    I work at taco bell part time and offered insurance through yum! brands. My dad has anthem insurance and i am turning 21 in august. i also am trying to get married in nov and am wanting to know if i will still have insurance when i get married! Not sure if you are still answering questions…

  95. Justin

    im trying to get braces under my parents dental coverage, im 20 years old currently not in school?

  96. Patti

    My Son is 23 living in MD and has his own insurance. Can I claim him on my husbands?

  97. Kathi

    If a dependent under the age of 26, is married, is that dependent able to have dual coverage under her husband who is in the military and her father. As a grandfathered plan, do we have the right to remove the dependnet from her fathers insurance because the dependent has coverage elsewhere?

    • Kathi,

      You have the right to terminate her coverage at any time. It is an option to keep your children on your policy until age 26. It is not mandatory. Also, she can most certainly carry dual coverage.

  98. andih61

    My child is 22 and she is not attending school in South Carolina. How long can she stay on our insurance?

  99. judy

    My daughter is 24 and married. She has been on our federal bcbs insurance for years as a dependent. Her husband added her to his insurance this year. She does not work and is a stay at home mom. They are now asking if she is covered by other insurance. Can they cancel her even though she is under 26 and if so would it be possible for her to get off of her husbands insurance to continue the BCBS policy as it is a better insurance.

    • Judith, it sounds like your son in law’s insurance plan is a ‘grandfathered plan’. Meaning that is was purchased before the passage of the PPACA (Obamacare). If that is the case, until 2014, “grandfathered” group plans do not have to offer dependent coverage up to age 26 if a young adult is eligible for group coverage outside of that plan. If it is NOT a ‘grandfathered plan’ then your son in law’s employer no longer has the legal right to ask if your daughter is offered health insurance elsewhere. Either way, so long as your federal BCBS plan is not a “grandfathered” plan, you may add her on as a dependent so long as she remains under the age of 26 even if she is married and not attending college.

  100. Amgela

    My child will be 26 this year * However, she has essential medications that she absolutely cannot afford on her own (yet she does not qualify for assistance). I’ve heard of other parents writing letters to insurance companies in these special circumstances, and allowing their children to remain on their insurance plans, due to health conditions. She lives in Colorado, I live in AZ. Would this be possible? For her sake? At this point, she may have to chose to finish her nursing degree, or chose to pay for her health care.

    • Angela,

      You can not keep your daughter on your plan past the age 26 unless she is serving in the military. That said, about a month before she turns 26 make sure she applies for Colorado’s High Risk health insurance pool. It is called “Cover Colorado”. Contrary to popular belief, 45 states provided a solution for individuals with preexisting conditions long before Barack Obama’s health care law. Here is the site: https://www.covercolorado.org/
      For the TRUTH about preexisting conditions visit http://www.TruthAboutPreexistingConditions.com

  101. Ryan

    Can an employer-sponsored group health plan that provides continued coverage to dependents after they “age out” and reach age 26 provided that the dependent remain continuously disabled deny coverage to a new employee with a disabled adult dependent over the age of 26 under HIPAA? Would this be considered discimination in violation of the creditable coverage rules?

  102. Justin Karmann

    My wife’s father lost his job and health insurance. We are about to move to NJ and their health insurance is outrageous for a dependent. Now that her father has found another job with full benefits, can she be added back on their plan even though she is 22?

    Thanks

  103. EJ

    I am super late for asking. But I am 23 I am pregnant. Still in college out of state. I am under my Parents insurance. I plan on staying in school during and after my pregnancy. My insurance does not cover doctors out side of my state I go to school 486 MILES away. I need doctors in SC can you give me advice on what I might be able to do?

    • EJ,

      Depending on how far along you are in your pregnancy you may be able to secure new coverage as of 1/1/14 that will cover your maternity needs even if you are already pregnant. Beginning 1/1/14 you will be able to purchase health insurance coverage from any carrier offering individual policies that covers maternity immediately. Even if you are already pregnant. If your adjusted gross income is less than $46,000 a year you will be better off purchasing that coverage inside the Obamacare exchange since your premium will be subsidized by the tax payer.

  104. Nicole

    Hello,

    I will be 26 years old next year and will start graduate school full time 2 months after I turn 26. Will I still be eligible to stay under my parents insurance plan since I will be enrolled in school full time or no?

    Thank you!

  105. Sharol

    Thanks for your great site! I could use your help with my situation. I’m turning 26 in Oct 2013, I read that I can stay on my parent’s insurance through the end of the year I turn 26. Is that true? Also, if I have an ongoing condition does everything stop exactly on Dec 31st or is there any sort of time frame to help me finish treatments? What about a pregnancy? Would they be obligated to finish out the 9 months with me or just stop part way through?
    Thanks for your help!

    • Sharol,

      You can stay on your parents plan until you REACH the age of 26. On your 26th birthday your coverage with your parents policy will cease. On January 1st, 2014 and through March 31, 2014 you will be able to purchase health insurance from any carrier in the country on a guaranteed issue basis. This means that there will be no preexisting conditions. You can literally be 9 months pregnant and the carrier will have to cover your maternity immediately with no waiting period. If you do not have qualified employer sponsored health insurance and your MAGI – Modified Adjusted Gross Income – is less than $46,000 a year, you may pay less for health insurance if you buy it inside the exchanges. If your MAGI is more than $46,000 a year you will most likely pay more for health insurance inside the exchanges than you do now. Those with incomes higher than $46,000 should purchase health insurance outside the exchanges from a carrier who is not offering products inside the exchanges. Those products will have more flexibility to design their products more cost effectively.

  106. Ashley m.

    Hi, I live in colorado and I’m 20 years old and just got married. I’m going to have a baby soon, am I still covered on my dads health insurance blue cross blue sheild?

  107. Jill Jankovits

    What should we do….Insurance Company told my daughter she would be covered for maternity then changed their minds and decided not to cover. She and her husband wouldn’t have even tried to become pregnant had they not been fed false information.

  108. Amber A

    I live in GA, am 23 years old, and have a full-time job that offers benefits. I am still under my mother’s plan and have refused benefits. My mother thinks that if I am even OFFERED benefits that I will be kicked off of their plan and possibly even have it discontinued for her and my father if it is found out. I thought that regardless of offers, if I refuse and don’t have my own coverage, that I could still remain on hers until I turn 26? Do you know if it is possible for me and maybe even them to be kicked off of the insurance due to my offer/refusal of benefits?

    Thanks,
    Amber

  109. Marylea

    I live in Nevada and I’ve just started a new job. When I started to sign up for medical benefits for my adult children. According to the policy the definition for children is as follows: “unmarried children up to age 26 for medical and dependent child life or up to age 19 or 25 if full-time student for all other benefits.”

    As I understood, there was no longer a “full-time student requirement.” Am I wrong? My children have all been covered under my husbands plan. The plan currently offered to me is much better, which is why the change in insurance. Can they legally keep my children off the plan?

    • Marylea,

      It sounds like that is a ‘grandfathered’ plan. Meaning that is was purchased prior to the passage of the PPACA on 3/23/2010. This being the case, until 1/1/14 the plan can still enforce the old requirements pertaining to ‘adult dependent’ eligibility. After 1/1/14, all plans that are not ‘grandfathered’ can no longer enforce the old requirements.

  110. Concerned

    Our daughter just turn 26 and is Pregnant can she still be covered by our cobra during Pregnancy?

    • Teresa,

      Your daughter can not stay on your plan after she attains the age of 26. However, beginning January 1, 2013 she will be able to purchase health insurance on her own from any insurance carrier in the country that will cover her maternity needs, even though she is already pregnant. She must however secure that coverage before the end of the first national ‘Open Enrollment’ period ends. It begins on 1/1/14 and ends on 3/31/14.

  111. Russ

    I understand a child attending college out of state is eligible to remain on the parents medical plan, but can the insurance coverage for that child be less than that provided to the parents? i.e. What if the provider does not provide services in the state the child is attending college or what if they only offered a reduced level of coverage? Is this allowed under the ACA? Doesn’t seem right.

    • Russ,

      It is true that your child can stay on your policy whilst attending college out of state. It is also true that they may face higher out of pocket expenses if they receive elective treatment outside of your PPO network. However, most states a ‘Forced Provider Provision”. This means that if the care your child has an emergency medical situation i.e. injury or condition that requires emergency treatment. That treatment will be considered as an ‘in network’ procedure. Meaning that the insurance company can not charge you ‘out of network’ costs, even if the treatment was received in a hospital that is not in your PPO network. After 2014 that “Forced Provider Provision” will be the law in all 50 states.

  112. So I was covered on my father’s disability (brain injury) and once I turned 18 as a senior in high school they stopped my family from receiving those benefits. My mother argued for them back and in return she got it. So I go one to college as a dependent adult under my parents care, which I am a full time student, and again they took that away. The reason for it was “the laws were changed”. I’ve done research about and found nothing that validates what the case worker stated. Can someone help me out? Please and thank you

  113. My unmarried, college daughter will be 23 in May, 2013. We have been informed her coverage ends on the last day of May, 2013. It is because her father is retired. He has been retired since she was six years old. This is a BC/BS of AL plan, same plan all these years. How is this possible?
    Claudia

    • Claudia,

      It could be that the plan she was insured on was a ‘Grandfathered’ plan. Meaning that it was in force before the PPACA (Obamacare) was signed into law on 3/23/2010. If that is the case, your daughter will have to buy her own health insurance. If her after tax income is less than $46,000 a year, she should qualify for a subsidy to artificially lower the costs of PPACA approved health insurance. She can shop for insurance at http://www.SmallBusinessInsuranceServices.com

  114. Jessie

    Hi,

    I read all the questions and your answers and did not see this one. Please help! I divorced 18 years ago. In the decree it states my ex-husband will provide health insurance. Does that mean until age 18 or (now) age 26? I got a job working for the state of New Hampshire and insured my now 22 year old daughter about 11 years ago. She is now in NC going to college. For the last 11 years she has had my now retired ex-husband’s (bad) insurance as her primary and mine as her secondary. His birthday is in October and mine in July. She got into an accident a few months ago and has wracked up horrendous bills. My NH insurance company is now going to drop her saying 1) they are not the primary due to the birthday rule (not true and I faxed a copy of the divorce decree years ago when this same issue came up and 2) she can’t be living out of state. Can you please advise????? Thank you so very much!

    • Jessie,

      The typical divorce degree only obligates the father of the child to insure their child until the age of 18. Keeping your child on your plan until they are age 26 is an OPTION it is NOT mandatory. That said, I encourage you to have your divorce decree looked at by a family law attorney so that there is no ambiguity in your mind as to how long he should be insuring your child.

  115. Cathy

    I am retired from IBM. IBM claims that only the active employees can continue to have their dependent children covered until age 26. The medical benefits for the retirees only cover dependent children until age 24. How can that be ?

    • Cathy,

      That plan must be a ‘grandfathered’ plan. Meaning that it was purchased prior to the passage of the PPACA (Obamacare) which means that it does not have to extend coverage to dependent children to age 26.

  116. Jacob

    Good evening Steve,
    I work for the school system in Indiana. I am under 26 years old. I recently was cut on my hours to 29 hours because the school system is required to provide health insurance to all employees who are above 30 hours. I thought since I was still under my parents as a dependent that they could not give me health insurance. So is the school system required to provide health insurance to me?

  117. charlie

    If I am under 26 can I stay on my parents coverage if I move out of state?

  118. danielle

    I am 23 and I have just recently gotten married. I live in Indiana. Can i remain on my parents health plan?

  119. Markus

    Steve,
    My daughter is 19 and is a part time student at a local college. She will be fiiling independent on her taxes this year and I was wondering if she could remain on my employer provided group plan until age 26 even if she files independently on her taxes.

  120. Brittany

    Hello,
    Im 21 and under my fathers insurance plan he has Blue cross blue shield. I planned on getting married within the next month and don’t know if ill still be on his plan or not. Oh and we live in New Jersey so im not sure if that makes a difference.

  121. Diana

    Mr. Tucker. . We recently moved to North Carolina . My son was living in NJ with family and unemployed but was covered under under Bc/BS which my husband and I have paid for. My son has recently moved back in with us in NC. I am now not working and can’t afford to pay my son’s insurance. (He has been looking for a job and needs to pay his own insurance) He is also not working…. What options are out there for him.

    Diana

  122. I recently lost my job here in Ohio and am trying to sign my family up for health coverage through the Affordable Care Act. I have a 19-year-old daughter attending college in Florida. I realize that she is eligible for coverage under whatever plan I elect, but it seems as though there are no in-network providers in the area where she is attending school. So how is she really on my insurance when there are no doctors in-network? According to an Anthem rep, any costs she incurred while at school that were not of an emergency, I would be 100% responsible for the costs because they would be out of network. How is this fair? Are their options to make sure a student can be covered in-network in both the home state and school state? Does it make any difference if we select a “multi-state” plan or a plan with a national network (like Medical Mutual of Ohio), since their provider network shows no doctors available in that part of Florida?

    • Scott,

      Your daughter is better off applying for coverage in Florida with a carrier that has a large PPO contract near where she is attending school. At her income level she will most likely qualify for a significant subsidy. Keeping her on your plan is an option. It is not mandatory.

  123. John M.

    Steve,

    I have an 18 year old daughter who pretty much ran away from home and has gotten pregnant. I live in NY and was wondering, since I can no longer claim her on my taxes, which makes her a non dependant, do I still have to carry her on my insurance.

  124. Kat Broughton

    I hope I can some one can help me. My daughter is 21.
    She is currently seeking disability and has been living with Lupus SLE for almost 7 years. Her adopted father and I divorced in 2009 and it states in our divorce agreement “Petitioner ( her father )shall provide health care insurance through his employment and, as long as they are eligible ( age 26 here in Illinois ) to be covered under his policy of insurance through his employment and, insurance is available to him for such coverage through his place of employment. He is planning on retiring this year. She is not working and has been very ill for these past seven years and is currently about to receive chemo again…she was not noted with ‘special needs’ in our divorce and honestly I had an bad representation and didn’t know then what I know now. My question is ..does he still have to cover her ?
    I am her mother and I am not working right now so I can’t help her at all.
    I do not know what to do and I am terrified about what could happen. We have been trying for disability for 3 years and have not gotten anywhere yet so I don’t even know if the state will give her any kind of aid.
    I hope I have worded everything right and I am only seeking some advice. My lawyer is no help. Thank you !

    • Hi Kat,

      Your daughter should enroll in Medicaid a.s.a.p. She can do so here: http://getcoveredillinois.gov/
      As far as keeping your child on your policy until the age 26. It is optional under Obamacare. It is not mandatory. Her father would have to be willing to insure her on his existing plan. This being the case, the fastest way for her to get coverage would be to apply for Medicaid. My recommendation would be to purchase private health insurance from Blue Cross Blue Shield of Illinois if you can afford to do so. If not, Medicaid is her only option if and until she is approved for Social Security Disability. In which case she will qualify for early Medicare benefits. It’s about a 2 year process to qualify for SSDI without an attorney. With a competent attorney it could take less time. She needs coverage now so she should apply immediately for one of the two aforementioned options. If you can afford to purchase private health insurance for her. You can apply at the link below. If she applies before 3/31/14 the policy will be guaranteed issue (no preexisting conditions). You can apply for private health insurance coverage with Blue Cross here: https://osc.hscil.com/IL/ShopForInsurance.aspx?ExpressLinkedAgentID=7491

  125. PennyLane

    I apologize if I offend anyone when I say this, but I find it ridiculous that parents would consider insuring their 26 year old’ “adult children” if they were not in school. Please don’t get me wrong- I think it is our responsibility as parents to see that our children get an education and healthcare… But it is our absolute obligation to prepare them for life.
    I have two teenage boys. I see this generation and it is an age of entitlement. A generation that lacks consequence. What I’m saying is why on earth would parents enable their “adult kids” and insure them if they weren’t in school and obviously didn’t have their own insurance?

  126. Kevin

    My son is permanently disabled, due to numerous brain tumor surgeries. He is currently on Medicare and Medicaid, but I also carry him under my health insurance plan at my job. He will turn 26 in July. Do the same rules apply to someone who is disabled, will I have to drop him from my health plan in July? Thank you.

    • Kevin,

      Yes, your son will be able to get guaranteed issue coverage individual coverage from the carrier of his choice under “Special Enrollment” even though we are now outside of ‘Open Enrollment”. Losing employer sponsored coverage is a ‘Qualifying Event”.

  127. Amy

    Hello, I would like to know at what age is the limit for a New York female resident to be covered under her parents insurance if the daughter is currently 26? Problem is her job does not cover insurance benefits. And she does require often medical visits due to a previous surgery in need of regular check-ups yearly.

  128. Amy

    I heard that the age of limit for insurance has been extended to the age of 27, is this true? Thank you in advance.

  129. carolyn flanagan

    14 years ago I adopted my son in RI when un he was in dcyf state care. He has been covered medically by that agency until in graduates high school next month. I am on medicare so he cannot join my coverage. He has been accepted to college in NY in the fall. How can he continue to have medical coverage so he can continue to have his dr’s and ADHD medication covered?

  130. You can stay on your mother’s plan until age 26.

  131. adam

    Hey my girlfriend is pregnant and her dad called to see if she is covered under his insurance they said no because she is over 17 (she is 22). Is this true? I believe he has blue cross blue shield.

  132. Melanie Murphy

    I am currently on my father’s insurance, however, thank you for answering my question. Your answer causes me to grit my teacher, but I do appreciate your answer.

    If we were still on the same system where you had to be a full-time student to remain on your parent’s healthcare, was there a cut off point? Could I have been 29, still in school, full-time I might add, and be on my parent’s healthcare?

  133. jj

    Thanks, that seems to be the answer I keep getting, but according to this website:
    N.J.S.A. 17B:27-30.5 states that, at the option of the insured person, a dependent may be covered up to the age of 31, as long as they are unmarried and have no dependents of their own.
    So…

  134. Melanie Murphy

    teeth*

  135. Melanie,

    That was dependent on each specific State’s laws. Some States allowed up to 24, others up to 28. The new Federal law now usurps State laws.

  136. JJ,

    State’s can decide to pass their own laws to insure dependents past the age of 26.

  137. Adam,

    The Federal “Patient Protection and Affordable Care Act’ a.k.a. “Obamacare” now allows your girlfriend to stay on her parents plan even if she is:

    married
    not living with her parents
    not attending school
    not financially dependent on her parents
    eligible to enroll in her employer’s plan

    There is one temporary exception. Until 2014, “grandfathered” group plans do not have to offer dependent coverage up to age 26 if a young adult is eligible for group coverage outside their parent’s plan. What is a “grandfathered” plan? Click here: http://www.healthcare.gov/law/features/rights/grandfathered-plans/index.html

  138. Julie

    If I am not yet 26 and married will I keep coverage if I get pregnant? Thanks in advance.

  139. Julie, you will indeed keep coverage on your parents plan until the age 26 so long as it is not a “Grandfathered plan”. A “Grandfathered plan” is an employer sponsored group health insurance plan that was purchased prior to the passage of Obamacare on 3/23/2010 and is a plan that has made no changes to the design of the plan since 03/23/2010. Check with your parents to see if they have a ‘Grandfathered plan’ or a current plan.

  140. Cory

    Steve, I believe I understand but simply need your confirmation. My son graudated from college in May 2013. He started a fulltime job in Sept 2013 at a company that offers group health insurance, however he has remained on my employer’s insurance. I assume I can keep him on my insurance until he turns 26, although he has been eligible for insurance at his company since Oct 2013 (30 days after start of employment). If I understand correctly, there is potential that my insurance will not cover him from Oct 2013 through Dec 2013 since he could get insurance from his employeer. However, beginning Jan 2014 the law states my insurance must cover him until 26 even though he is eligible to get insurance through his company. Is this correct? No need to elaborate if a simple ‘yes’ will suffice. Thanks!!!

  141. Cory,

    Yes, that is absolutely correct sir.

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