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My boyfriends exwife has been using his health care insurance that she had when married...the divorce from two years age says she was to maintain her own insurance...she has since the divorce remarried and still uses his health plan for 136 claims within the last two years...is this fraud on her part??? and if it is what kind of "punishment" would be given if any???THANKS!!!

2006-11-07 05:03:41 · 8 answers · asked by Deborah C 1 in Family & Relationships Marriage & Divorce

8 answers

It is fraud but the fraud would be against the insurance company. She could be made to pay restitution to your boyfriend for the non deductible amounts but the rest would be due back to the insurance company. It is up to your boyfriend to have her removed from the policy. He can do this by simply calling them and giving his verification info. However, if they had children together and she used the insurance to pay for the care of his kids why should he do anything? They need medical care. Health insurance is very expensive and if you have a pre-existing condition it is often hard to get new coverage. I had a friend who suffered from seizures. Her husband fooled around with another woman and even moved in with that woman. He kept her on his insurance because no one else would cover her and she needed very expensive meds and treatment.

2006-11-07 05:25:24 · answer #1 · answered by AVA 4 · 0 0

As soon as the divorce was final your boyfriend had the responsibility of removing her from the insurance through the human resources department of his company. Since he did not do that, he can also be brought up on fraud charges for knowingly allowing her to continue to use the insurance.

Because if he had removed her, and she tried to use the "card" the insurance company would have rejected the claim and the doctor would have been asking her for payment.

So they are both at fault and legally responsible for the "fraud."

2006-11-07 13:07:36 · answer #2 · answered by janicajayne 7 · 0 0

Why did he not remove her from his plan? It seems he's still paying for her to use it, why wouldnt she. Sometimes in the divorce decree, the spouse, or children, will remain on the same insurance plan, but must pay their part. Maybe she's paying him and you dont know it.

2006-11-07 13:52:40 · answer #3 · answered by rdnkchic2003 4 · 0 0

Yes, it is insurance fraud. However, if you boyfriend has agreed to it, he too can have criminal and civil charges filed against him. If he did not agree to it, then he is ok.

In that case, he should get legal advice from a licensed attorney and proceed from there.

Sue

2006-11-07 13:09:29 · answer #4 · answered by newbiegranny 5 · 0 0

Your Husband Should Have Removed her From It.

2006-11-07 13:36:58 · answer #5 · answered by bob r 4 · 0 0

No not really your boyfriend should of removes her name from the plan so she wouldn't be able to use it

2006-11-07 13:05:56 · answer #6 · answered by R C 5 · 2 0

nope unless he has removed her from the insurance plan she has every right to use it

2006-11-07 13:06:48 · answer #7 · answered by Amy M 5 · 2 0

I would not waste good anger over this. Report her and forget it.

2006-11-07 13:06:58 · answer #8 · answered by Desperado 5 · 0 1

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