How Your Health Insurance is Affected by an Ohio Divorce

health insurance cobra coverage divorce

Will My Health Insurance Coverage End During A Pending Divorce Proceeding? COBRA Law And Other Options To Consider

health insurance cobra coverage divorceI recently realized that I had not posted a blog about health insurance and divorce in 10 years. Click here to read that one titled Health Insurance: Divorce Often Ends Coverage for Women. It is still worth reading after all those years!

YOUR SPOUSE CAN NOT CANCEL YOUR HEALTH INSURANCE DURING THE PENDENCY OF YOUR DIVORCE OR DISSOLUTION CASE.

In Ohio, Ohio Revised Code Section 3105.71 prohibits cancellation of health insurance coverage prior to the divorce court deciding responsibility. So that law preserves the status quo as it relates to maintaining health insurance coverage during the divorce. This is also true even if the insurance “open enrollment” period occurs during the divorce proceeding. Click here to read that statute. But what happens when the divorce cases ends?

The good news is that upon the termination of your marriage, there are various options to consider. Here are the basics.

DOES ONE SPOUSE PROVIDE HEALTH INSURANCE FOR BOTH SPOUSES?

If you both are on the same health insurance plan, you will likely need to take some steps to maintain your health insurance … Read More... “How Your Health Insurance is Affected by an Ohio Divorce”

Getting to Know the Basics of Medicaid

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65 and Older: Applying For Medicaid In Ohio

medicaid community spouse estate planning long-term health carMedicaid is a federal and state program that provides long-term health care for those age 65 and older who meet certain income and asset requirements. Medicare is a federal health insurance program available for anyone age 65 or older regardless of income or asset level but does not cover long term care. Thus, if a senior needs long term care, they pay for it from their own resources until they reach a level qualifying them for Medicaid eligibility, at which time Medicaid takes over and pays the long-term health care  facility’s bill going forward. The basic rules are as follows. All numbers are Ohio Medicaid figures for 2022.

An individual applying for Medicaid must satisfy an income eligibility test. The applicant’s eligibility must not exceed $2,523 per month. If the applicant is married, the applicant’s spouse’s income is not counted. Also, the non-applicant spouse may be entitled to a minimum monthly maintenance needs allowance (MMMNA). If the applicant would otherwise qualify for Medicaid other than failing the income test, they can set up a qualified income trust (QIT), sometimes known as a “miller’s trust”, whereby the excess income is deposited into … Read More... “Getting to Know the Basics of Medicaid”

Know Your Ohio Health Care Directives

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The 3 Ohio Health Care Documents You Need To Know

health care-dnr living will

When it comes to health care directives in the state of Ohio, there are a few different documents that sometimes work together and sometimes supersede the others. It is important to be aware of these documents and understand the distinctions between them. In Ohio, the documents to be familiar with are as follow:

  1. Durable power of attorney for health care;
  2. Living will; and
  3. A do not resuscitate order (DNR).

DURABLE POA FOR HEALTH CARE

A durable power of attorney  for health care  authorizes another individual as your attorney in fact to make health care decisions for you at any time that you are not able to make informed health care decisions for yourself.  They are to make decisions consistent with those wishes previously made by you and known to them. In a durable power of attorney for health care, you can grant them permission to consent to the issuance of a DNR order by your physician, precluding cardiopulmonary resuscitation (CPR).

LIVING WILL

A health care power of attorney is superceded by a living will  which is your own written declaration that you do not want life … Read More... “Know Your Ohio Health Care Directives”