Child coverage Post Divorce

[Guest Newbie2Ben]

I received a call from an employee that stated he needed to add his child onto our plan, and he thought he did during Annual Enrollment, but he did not do it. His ex-wife who covered the child has now lost her job, and he is just now telling us that he was mandated by the court(in the divorce decree) to cover the child along with his ex-wife. I have asked the EE to provide us with a copy of the divorce decree and a copy of his ex's HIPAA statement. My feeling is that since he is just notifying us of this, if the documents support his position, that I only add the child effective the date the coverage ends under the ex-spouse(mother). Please any insight. Thank you.

[Mary C]

If the decree or order qualifies as a Qualified Medical Child Support Order, the child may be added at any time, regardless of seasonal enrollment rules, Section 125 rules, etc. However, I don't know of any regulations that would mandate he coverage an ex-spouse (except in Rhode Island and Massachusetts) under the active employee plan.

[Guest Newbie2Ben]

I am sorry, I did not make myself clear. He said the courts mandated that he and his ex-wife both cover the child. So if he sends us the divorce decree that states he is suppose to cover the child, I can add effective 8/1/01, since the child had coverage under the mother till then.