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Old 08-02-2006, 03:20 PM
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lisa in venice lisa in venice is offline
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Some benefits people are confused by adoption lanuguage and insist that kids can only be added after finalization BUT the law says they must be added at PLACEMENT. Te legislation that mandated that was the omnibus somethingorother and was signed by Clinton in the mid '90's. Your dd should be covered NOW just keep talking to people up the chain of command until you find someone who knows what they are doing.

lisa

From an article at
http://www.adopting.org/uni/frame.ph...on%2CWSUn21070


The Omnibus Budget Reconciliation Act of 1993
by Michael S. Melbinger


The Omnibus Budget Reconciliation Act of 1993 added a new Section 609(c) to the Employee Retirement Income Security Act of 1974 (ERISA).This new Section requires that any "group health plan" that provides coverage for dependent children of plan participants for adoption under the same terms and conditions as apply in the case of a dependent child who is the "natural" child of a plan participant. This requirement applies irrespective of whether the adoption has become final. Additionally, an employer's group health plan may not restrict coverage of any dependent child adopted by a participant or placed with a participant for adoption solely on the basis of a preexisting condition of such child at the time that such child otherwise would become eligible for coverage under the plan, if the adoption or placement for adoption occurs while the participant is eligible for coverage under the plan. The law protects children who have not attained age 18 as of the date of the adoption or placement.

"Group health plans" include the health and medical benefit plans of virtually every employer that is subject to ERISA in the United States. Group health plans include both plans that are self-insured by the employer and fully insured plans, under which benefits generally are provided directly by an insurance company. Employers that are not subject to ERISA are governmental employers (which would be subject to state or federal laws governing coverage and "churches" (which could include church-sponsored organizations such as hospitals). Note: The Health Insurance Portability and Accountability Act of 1996, (HIPAA), described below, extended similar requirements to employers and plans not covered by ERISA.

For your adopted children to be entitled to coverage under your employer's medical benefit plan you must be a plan participant and you must otherwise be eligible to elect family coverage under the plan. You must follow all other applicable requirements for coverage under the plan.


Last edited by lisa in venice : 08-02-2006 at 03:28 PM.
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