Legal Question in Family Law in Texas

Medical Insurance Dependent

My grandchild was born on 12/17/2008 and I want to put him on my insurance, but Aetna Insurance states that I have to have legal custody of my grandchild according to TX Law. My daughter and grandchild both live with me and does that not make them my dependents? Where can I research this law?


Asked on 1/06/09, 3:54 pm

1 Answer from Attorneys

Arthur Bashor Arthur N. (Art) Bashor, Attorney at Law

Re: Medical Insurance Dependent

If you Google "Texas Insurance Code" you can find the law regarding insurance coverage. Title 8 covers health insurance.

That being said, you should ask your health insurance agent for their assistance regarding what you need to do to obtain coverage for your grand-daughter. Who the insurance company will cover is more likely a matter of their own policy rather than state law.

You may need to talk to several people within the insurance company to find someone who will be helpful.

You can ask them if a Power of Attorney or a Medical Power of Attorney would be adequate to meet their guidelines.

If they will not cover her under your group policy, you can purchase an individual policy for him/her. Individual medical policies are pretty inexpensive for children.

Also, if the parents are divorced or a paternity action was filed on behalf of the child, there should be a provision in the court order regarding payment or provision of medical insurance by the non-custodial parent.

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Answered on 1/06/09, 6:42 pm


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