Introduction
Dealing with a divorce is undoubtedly a challenging situation for all parties involved. Amidst all the emotional turmoil, one significant concern that individuals going through a divorce often have is regarding their health insurance. Health insurance plays a crucial role in ensuring access to quality healthcare for individuals and their families, particularly in times of illness or injury. Ohio, being a state with specific guidelines and regulations, has important information regarding health insurance and divorce that every person going through this process needs to be aware of.
Understanding Health Insurance In Ohio
In Ohio, there are regulations and laws that govern health insurance for divorcing couples. It is essential to review these regulations and laws in order to have a clear understanding of what to expect during the divorce process.
Health Insurance In Ohio
Under the Ohio Department of Insurance (ODI), health insurance is regulated in Ohio. As residents, individuals can find valuable information from this department regarding insurance policies. A significant aspect of Ohio law is that insurance companies are required to offer policies to residents regardless of any pre-existing medical conditions, marital status, or age. Additionally, policyholders are entitled to renew or continue their policy as long as they continue paying premiums.
Domestic Relations Laws in Ohio
When it comes to divorce in Ohio, the Ohio Domestic Relations Laws govern the process. These laws cover various aspects of divorce, including child support, spousal support, and property division. Among these, the laws also address issues related to health insurance, specifically the continuation of health insurance coverage.
For example, Ohio Revised Code (ORC) 3923.34 mandates that insurers provide health coverage for minor children of divorced parents for a specific period. This provision is designed so that parents can maintain coverage for their children until they reach the age of 26.
Impact Of Divorce On Health Insurance
Going through a divorce can have significant implications on health insurance coverage, particularly for individuals who have been covered under their spouse’s insurance policy. Below are some of the potential impacts that divorce can have on health insurance coverage in Ohio.
Loss of Coverage
After a divorce, one of the first things that usually occurs is the loss of coverage for the policyholder as a dependent under their ex-spouse’s health insurance policy. Insurers generally do not allow policyholders to cover their divorced spouses.
Continuation of Coverage Through COBRA
When a divorce takes place, and the dependent spouse is no longer eligible for coverage under their former spouse’s policy, the Consolidated Omnibus Budget Reconciliation Act (COBRA) provides an option for the dependent spouse to continue their coverage by paying for it under their former spouse’s plan.
Eligibility for COBRA allows the dependent spouse to purchase coverage for up to 36 months, but it comes at a cost. The policyholder is responsible for paying the full cost of the insurance plan, along with a 2% administrative fee, out of their own pocket. This option can be quite expensive.
Obtaining Individual Health Insurance
Another possibility for acquiring health insurance post-divorce is to purchase an individual health insurance policy. While this type of coverage can be more expensive than group coverage, it does come with several benefits. Individual policies often offer more extensive coverage and provide individuals with a choice of doctors.
When considering individual health insurance, it is essential to compare policies, as premiums and coverage can vary significantly. Individuals who may have existing health problems might face challenges in obtaining individual health insurance.
Medicaid
For divorced spouses with a low income, Medicaid may be an option to explore. Ohio expanded its Medicaid program in 2014, broadening the eligibility requirements compared to before. Divorced spouses that meet the income requirements can apply for Medicaid coverage.
Conclusion
Health insurance coverage is a critical issue that needs to be addressed during the divorce process. One of the most significant consequences of divorce is often the loss of coverage. However, it is essential to remember that there are various options available for obtaining health insurance coverage after a divorce. If you find yourself facing a divorce, seeking guidance from an experienced divorce attorney is vital to understand your rights and obligations concerning health insurance coverage in Ohio.