Rhode Island Has enacted the Rhode Island Health insurance Continuation act. This act makes it possible for a particular person to stay on their ex-husband or ex-wives health insurance Right after Final Judgment of Divorce.
Sadly, this act has been watered down by current case law out of the Federal Court District of Rhode Island. The case of Duclos v. Common Dynamics Corp., 12 E.B.C. (BNA) 2648 (D.R.I. 1990) stands for the proposition that The Rhode Island health insurance Continuation act is Preempted by ERISA. ERISA is a Federal Statute. Below Basic Law, if a federal statute and state statute relate to comparable subjects, Federal Law might preempt state law. The Federal Preemption Doctrine is "a doctrine in law that enables a federal law to take precedence over or to displace a state law in particular matters of national significance (as interstate commerce)" Dictionary.com
Duclos v. Basic Dynamics Corp., 12 E.B.C. (BNA) 2648 (D.R.I. 1990) ruled that the "Rhode Island statute requiring specific divorced spouses to be granted continuation health coverage with out further premiums was preempted by ERISA..." Quoted from Charles Shulman, Esq. "EBEC (Employee Rewards / Executive Compensation) Law Update"
Regardless of the Duclos ruling, several Rhode Island Employers enable an ex spouse to stay on health insurance coverage Following Final Judgment of Divorce. Lots of employers are prohibiting ex spouses from coverage Following final Judgment of Divorce relying on the Duclos case. My Understanding is that Blue Cross Blueshield of Rhode Island enables an ex spouse to stay on health insurance Immediately after Final Judgment of Divorce.
For the duration of the pendency of the divorce, the parties really should ascertain the employers policy and procedures similar to continuation of coverage Soon after Final Judgment of Divorce. If achievable, they must seek the corporation policy in writing from the Corporations Added benefits administrator. The Obligations of Rhode Island primarily based Organizations to comply with the Rhode Island Health insurance Continuation Act is beyond the scope of this Post.
If a spouse will be remaining on his or her ex spouse's insurance then the After language must and ought to be place on the record at the Rhode Island Nominal Divorce Hearing and be memorialized into the Choice Pending Entry of Final Judgment as nicely as the Final Judgment of Divorce:
"Plaintiff shall offer Defendant with Health insurance and Dental Insurance pursuant to the Rhode Island Health insurance Continuation Act."
This language ought to be place on the record and memorialized into the Choice Pending and Final Judgment of Divorce even if the employer will be removing the spouse Right after Final Judgment of Divorce!
The above described language integrated into the Final Judgment of Divorce is typically interpreted by Judges of The Rhode Island Family members Court as which means the After:
1) If there is an more cost over and above the price of one strategy for the ex spouse to stay covered by the health insurance program then the ex spouse should spend that more quantity or he / she may well be removed from the Health insurance policy.
2) If the individual with Health insurance loses their job, or goes to a different employer then the ex spouse will in all probability lose health insurance coverage.
three) If either celebration (husband or wife) remarries than the ex spouse may possibly lose Health insurance coverage.
It is commonly a superior notion to especially place on the record at the nominal divorce hearing, that the ex spouse is expected to spend any further premium over and above the expense of one particular Strategy or they will be removed from the insurance. These challenges can get confusing if the price for a Household program incorporates the young children and there is no added cost for the spouse. Please seek the advice of with a Rhode Island Divorce Attorney about these concerns.
The Rhode Island Health insurance Continuation Act R.I.G.L § 27-20.4-1 states:
"In the occasion of a final judgment of divorce, regardless of whether absolute or otherwise, exactly where 1 celebration to the divorce was at the time of the entry of the judgment for divorce a member of a health program offering Family members coverage * * * the individual who was the spouse of the celebration prior to the entry of judgment for divorce may well stay eligible for continuing Added benefits Beneath the program and health upkeep corporation devoid of further premium or examination if the order is incorporated in the judgment After entered. The eligibility shall continue as extended as the original member is a participant in the strategy or health upkeep business and till either one particular of the Immediately after shall take place: (1) the remarriage of either celebration to the divorce, or (2) till a time as offered by the judgment for divorce. If the individual [eligible for continuing health care Rewards] * * *becomes eligible to participate in a equivalent strategy or health upkeep business In the course of his or her own employment, the continuation of the original strategy coverage shall cease." Section
27-20.4-1(a). (Emphasis more.)
The Rhode Island Supreme Court interpreted the Rhode Island Health insurance continuation act in L'Heureux v. L'Heureux: "The clear and unambiguous language of § 27-20.4-1 calls for that health insurance Positive aspects, Once offered for in a final decree of divorce, continue at no expense to the former spouse of the celebration participating in the strategy as extended as the strategy participant is nevertheless a member of the strategy and till (1) either celebration remarries, or (2) a time offered by the judgment of divorce. Moreover, the continuation of the original strategy coverage shall cease As soon as the former spouse becomes eligible to participate in a equivalent health program During his or her own employment."
What are some of the health insurance alternatives obtainable to ex spouses Immediately after Final Judgment of Divorce in Rhode Island?
COBRA Heath Insurance may well be a worthwhile choice for Ex Spouses Right after Final judgment of Divorce."Beneath COBRA, employers really should give the selection of continued health insurance coverage at group rates to certified staff and their households who are faced with loss of coverage due to specific events." CRS Article for Congress Health insurance Continuation Coverage march 2005 "... Once the qualifying occasion, Unfortunately, is a covered employee's divorce or legal separation, COBRA coverage lasts for thirty-six months."
"COBRA supplies that employers who give their personnel with health-related coverage should really present continuation coverage to workers and their households who would otherwise lose coverage Beneath the employer's strategy as a outcome of a qualifying occasion. Qualifying events involve: (a) a covered employee's divorce or legal separation....Once a qualifying occasion happens, the covered employee, his or her spouse, or dependents in search of COBRA coverage need to elect such coverage inside 60 days of the occurrence of the qualifying occasion and should really spend the necessary premiums." Marsha Zolla, Health-related and Loved ones Law
David Slepkow is a Rhode Island Divorce Lawyer concentrating in Divorce, Household Law, Restraining Orders, DCYF, Adoptions, Paternity, Write-up Divorce, Relocation, Child Help, Custody and Visitation. David Slepkow has been practicing Law Because 1997 and is licensed in Rhode Island (RI), Massachusetts (MA) and Federal Court.
Totally free Initial consultations. Credit Cards Accepted. Evening Appointments offered. You can get in touch with RI Lawyer David Slepkow by going to Rhode Island Household Law Attorney or by calling him at 401-437-1100.
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