Most states have laws which allow parents to continue health plan coverage for their disabled adult children, even past the point at which a child’s eligibility for dependent coverage would normally terminate because of their age.
California law, for example, allows coverage to continue if the disabled child can’t support him or herself by work because of “mental retardation or physical handicap” and if the disabled child is “chiefly dependent” on the insured parent for support and maintenance.
States usually require the insured parent to prove to the health plan that their child is disabled and dependent on them. Some states require this proof within a specific number of days before the child would otherwise “age out.” Other states require proof within a specific number of days after the child would otherwise “age out.” There may be a further requirement of re-certifying the child’s continuing disability.
To find out if your state has this kind of law, and if so, what it provides and may require you to do, read your contract (Evidence of Coverage, or Certificate of Coverage) or check with your health plan or state insurance department.
LACERA – Carrier Requirements For Adult Disabled Dependents
Group Health Insurance For “Adult” Child With Special Needs?
Primer on Health Care Access for Young Adults with Disabilities
Preparing For Adulthood Related Links:
Preparing For Adulthood – Guardianships & Conservatorships
Government Resources & Obligations
Legal Planning & Special Needs Trusts
College Programs and Funding
Please note: the information in this article is not intended to constitute legal advice applicable to specific factual situations.