Question
From California
I was divorced a year ago, and do not provide spousal support.
My wife and I both have been covered under a Kaiser group plan my small business has carried. We verbally agreed to continue doing this because I needed the group plan to continue in order to maintain coverage (only 2 of us in the group).
She has never been an actual employee of my company.
I just found out from Kaiser that I do not need her to keep my group, that I have a year to replace her.
She recently has taken very harsh legal actions against me involving our young son, and it has been very hurtful.
So I terminated her Kaiser policy. Cancelled it without even warning her. She is angry.
Have I broken any laws? I can deal with her anger, but do not want to get in any more legal hot water.
Thanks,
Greg
Answer
I don't see where you did anything illegal as long as the divorce decree didn't have in it that you were to continue (pay for) health ins. coverage on your ex-wife.
Answer
There is no law that requires you to continue covering her on your insurance unless your state has something specifically that says otherwise.
Depending on whether or not your insurance plan is covered under Section 125, you may have violated the law, not by terming her, but by terming her when you did.
I'm assuming that if the divorce decree required you to provide her with coverage you would have said so.
Under state law you MUST give her the opportunity to continue the coverage at her own expense for up to 36 months. If you did not give her no less than 15 days notice to do so, then yes, you violated the law.
Answer
cbg - thanks re the add'l. info - I forgot about the "Cal-Cobra" re 2-19 employees. Betty
Answer
I work with so many different states, I check state law as a matter of course!