Can spouse drop adult dependent during open enrollment - employer has greater than 100 people?

Question

Can the dependent be dropped from wife/husbands insurance during open enrollment without the other's permission. What federal agency has jurisdiction for enforcement?

Answer 1

The only way it would be be enforced by federal agency is if there is a current standing stipulation from them stating that you are required to cover the medical expenses. Like a divorce decree or other legal document.

Why would you want to cancel the insurance? It's subsidized by the company. Did the paperwork require his/her signature when you enrolled? If so, the same document is necessary to drop the plan.

Answer 2

The EMPLOYEE is the one who can drop a dependent from their insurance, during open enrollment.

Yes, they can.

There IS no federal agency that enforces open enrollment, or insurance. The closest there is, is a national fraud task force. Otherwise, insurance issues are all on a state by state basis.

Now, it might be a STUPID thing to drop a spouse, because if you're still married, then YOU are probably legally liable for any uninsured medical bills. And if it comes up during the divorce that you DROPPED them from coverage, things will probably NOT go well for you. So I would seriously consult with an attorney before dropping your spouse without their knowledge.

Answer 3

Yes you can drop your dependent, your employer will make you sign a refusal letter in order to protect them against future actions. Make sure you protect yourself, in other words make sure your spouse is fully aware of what you are doing. If you are going through a divorce make sure you have fully discussed your intentions with your attorney. I have delt with the Department of Labor, and in every case regarding Cobra laws -I would suggest you calling them.

Answer 4

Yes, but unless they have other insurance, why would you want to do that?

And I don't think there would be a federal agency regulating that.