Most of what the video says is RIGHT, not grandfathering though. Let me know if you find a video more on point

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How long can a disabled child
stay on parents health insurance?

CA law allows your incapacitated or disabled child over 26 to remain on the parents group or individual policy, indefinitely.

An individual or group health insurance [“Health Insurance” … shall mean a  policy that provides coverage for hospital, medical, or surgical benefits.§106 ]  policy that provides that coverage of a dependent child shall  terminate upon attainment of the limiting age for dependent children specified in the policy, shall also provide that attainment of the limiting age shall not operate to terminate the coverage of the child while the child is and continues to meet both of the following criteria:

   (1) Incapable of self-sustaining employment by reason of a physically or mentally disabling injury, [AB 88] illness, or condition.

   (2) Chiefly dependent upon the policyholder or subscriber for support and maintenance. CA Insurance Code § 10278    §10277    for Group Policies Self Insurance Plans §10124  10118

chiefly dependent”  to mean that the person receives fifty per cent or more of his/her support from his/her parent(s), the insurance contract itself does not define “dependent.” The United States Court of Claims held in Odlin v. U.S., 74 Ct. Cl. 633, 636 (1932), that “chiefly dependent” does not have an explicit definition but rather “each case…must stand upon its own particular facts, and that no hard and fast rule can be laid down arbitrarily fixing the value of property, or the amount of income received…as entirely determinative of the question as to whether [a person] is ‘dependent’ within the meaning of the law.”

While the company’s interpretation of the phrase “chiefly dependent” doesn’t appear to be unreasonable, only a court of competent jurisdiction may make a conclusive determination. Learn More ⇒  Odlin v. U.S.

If your child is dependent on you, consider life insurance to take care of your child when you are gone. Disability in case you get ill and can’t work and Long Term Care, in case you can’t take care of yourself.

Click here for Guaranteed Issue Health Insurance – ACA ObamaCAre
No Medical Questions asked – No Pre-X
Quotes in CA or Nation Wide.

In Covered CA, (we are authorized agents) there may be issues with subsidies – MAGI Income.

Email us your questions.

Considering that everything is guaranteed issue, with no Pre X starting 1.1.2014, I didn’t  think this page would be relevant anymore, but it gets a ton of hits!

Links & Resources

What if employer is not subject to CA Law?

Mental Health Benefits are an essential benefit under Health Care Reform.  New Final Rules Regulations were JUST issued…

Thus, dental coverage is not included.  Dental does not ask about health, so Dental Coverage can be purchased here.

So, age 26 is not relevant, as long as the child meets the above definition and requirements of being disabled.

Dual Coverage – Which Insurance Company pays first?  Medi-Cal, SSI, SSDI? Autism Website – Their research & Ideas

New York NYSHIP Law code 4305



Email us with your specific situation if in CA and we can send you an answer.

Disabled Dependent Child

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Is an over-age disabled dependent eligible to continue coverage through this new insurance carrier if they were covered under their parents’ previous policy?
Is an over-age disabled dependent eligible to continue coverage through this new insurance carrier if they were not covered under their parents’ previous policy?
If the disabled child is eligible to continue coverage, what documentation will be required?
How often will the disabled dependent child be required to re-certify this disability?


Related Pages in Dependent Definition section

One comment on “Disabled Children – over 26

  1. In the past, we were able to enroll disabled dependents with proof of prior coverage and documentation of disability, but Blue Shield says that they will only cover disabled dependent children already enrolled on our group plan that happen to age out.

    ….. ***We will answer your question on our new page.

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