Liability of Primary Insured?

[JoeW519]

What is the name of your state (only U.S. law)? Georgia

Apologies if this is a dead horse, but a couple of searches gave no hits. I'm new, and I'm sure it will show.

My wife has health insurance through her employer and they allow her to cover her adult daughter (age 18) on her policy. Recently the girl (adult in GA) has been acting out in ways that are dangerous and irresponsible. Her mom wants to tell her that if she hurts herself, any and all medical charges not covered by insurance will be the daughter's responsibility and that she won't be held liable.

I'm wondering if she can, in fact, do that.

Since my wife is the primary insured, wouldn't she have the ultimate liability?

If she refused to pay the (adult) daughter's bills could my wife be successfully pursued by her insurance company? Would her credit rating suffer a hard "ding"?

Background: the daughter is not in school, is unemployed, lives with friends ... and though we're not related she's just as crazy as I was!

Thanks for your thoughts and, perhaps, suggestions?

Best wishes,
JoeW519

 

[vfielder]

Tough love folks...Your wife should remove her from the policy and any financial responsibility. There's no law out there that requires a parent to medically insure the party life of an "adult" child that doesn't even live with you.

 

[ecmst12]

Mom can't do that until open enrollment. But mom is not responsible for adult daughter's bills no matter who's insurance she's on, unless she actually signs something saying she's responsible at the doctor's office.

 

[cbg]

I don't quite know where so many people get the idea that being the primary insured in some way makes them legally liable for other people's bills, but that is not the case. Your daughter (step-daughter?) is legally an adult - that means that unless there is a court order that specifically says otherwise, she and only she is responsible for paying her medical bills, no matter who is the primary insured of the insurance she is on. Your wife has no legal liability for her adult daughter's bills by virtue of carrying her on the insurance. None. There is no connection whatsoever.

 

[JoeW519]

Thank you each for your time and useful responses. You certainly said nothing to disagree with what I hoped we'd hear!

I don't think we assumed there was a problem as much as feared our common sense didn't agree with practice.

Since the daughter's doctors previously have received payment from her mom before the girl imploded, I'm thinking a brief note to her GP, etc., disclosing the change might be both a precaution and a thoughtful gesture ... unless I'm off base again! Please advise, if so.

Thank you again.

Joe W

 

[cbg]

The one thing she has to be careful of, if she chooses to go this route, is that she does not, in providing the insurance information, sign anything that agrees that she will be responsible for any unpaid portion. Many people sign that without really noticing. And in that case, she WILL be responsible.

But it will be because she signed that she will be responsible for the portion the insurance didn't pay, NOT because she is the primary on the insurance.

 

[JMMoriarity]

Primary Insursed

Is there a specific law or something in writing that can be printed? We have a similar situation with my daughter, the lawyers office listed my husband in a law suit for failure to pay a medical bill. I have assisted her in getting insurance to complete the claim. We signed no papers taking responsibility for payment to the medical facility. However, something concrete for when my husband must appear in court would be nice to have. Please advise. Thank you.

 

[cbg]

Is there a law that says, You are not responsible for another adult's bills just because you are the primary insured on the policy? No, there is no law that spells that out. Just like there is not a law that says you are not responsible for my bills.

 

[JMMoriarity]

Responsibility to pay

Is there anything anywhere that states unless a person signs they are the guarantor you are not responsible. Or is there a document that states when a person becomes of legal age they are responsible? Just looking for something to substantiate the information. Thanks.

 

[momm2500]

normally a child is covered under a plan till they turn 19 then you would have to prove that they are a full time student in order for the medical plan to cover after that. but since she is 18 she will be covered till her 19th birthday unless she gets married. you can not remove her from the policy prior to her 19th birthday. as for the liability, she is classified as a legal adult and would be responsible for any bills she incurs. just like college, she would be liable for the bills/student loans. just a little advice. get her help if she is having problems before you regret it.

 

[cbg]

And, like many of momm2500's posts, that is completely inaccurate.

 

[ecmst12]

Wow. Not only inaccurate but also completely irrelevent to the question.