Dual state residences; tax and health insurance status

[jimbobmar]

What is the name of your state? IN,IL

Can I own residences in both states, have pre-existing health insurance in one and move tax residency to the other? I have individual health insurance and it is not likely that I would be able to get health insurance in the other state.

 

[cbg]

This is not a legal question; it is a contractual question. What does the insurance policy say?

 

[jimbobmar]

The health insurance contract says:

RENEWAL CONDITIONS AND RATES

You may renew this policy each month by paying Your premium on or before the date due. We can change the premium for this policy if We change the premium for all other policies in Your state which are issued using this form. The renewal premium is calculated from the table of rates We use for this form on the Due Date of the premium. This calculation takes into account the number of Family Members covered under this policy and their classification on the premium Due Date. Premiums also increase from time to time as a Family Member’s age increases.

Renewability is guaranteed except in the event of nonpayment of premium, fraud or misrepresentation, or if We end all other policies in Your state which are issued using this form. This provision is in compliance with the federal Health Insurance Portability and Accountability Act of 1996.

If We change the premium or end this policy, We must mail You written notice at least 30 days before a premium is due.

 

[cbg]

That doesn't help. What does it say about your residence?

 

[jimbobmar]

SEARCH FOR "residency" IN CONTRACT

I have found no statement about residency in the contract.

The state is only involved because

a) the insurance company [in Michigan] was licensed to sell this approved policy in Indiana at the time my participation began

and

b) the PPO providers are in Indiana; provisions exist for using other providers both in and out of Indiana with some limits on coverage

 

[cbg]

Then you're going to have to call the insurance carrier and ask them whether or not your policy would be affected by your changing your tax residence, and if so how. This is simply not a legal issue.