Rhode Island Has enacted the Rhode Island Health Insurance Continuation act. This act will allow a particular person to keep on being on their ex-spouse or ex-wives health Insurance soon after Remaining Judgment of Divorce. Article by Rhode Island Divorce Lawyer David Slepkow. 401-437-1100
However, this act has been watered down by recent situation law out of the Federal Court docket District of Rhode Island. The situation of Duclos v. Standard Dynamics Corp., 12 E.B.C. (BNA) 2648 (D.R.I. 1990) stands for the proposition that The Rhode Island health Insurance Continuation act is Preempted by ERISA. ERISA is a Federal Statute. Less than Typical Legislation, if a federal statute and point out statute relate to similar topics, Federal Legislation could preempt point out law. The Federal Preemption Doctrine is “a doctrine in law that will allow a federal law to take precedence over or to displace a point out law in specified issues of nationwide significance (as interstate commerce)” Dictionary.com
Duclos v. Standard Dynamics Corp., 12 E.B.C. (BNA) 2648 (D.R.I. 1990) ruled that the “Rhode Island statute requiring specified divorced spouses to be granted continuation health protection without the need of more rates was preempted by ERISA…” Quoted from Charles Shulman, Esq. “EBEC (Worker Advantages / Executive Payment) Legislation Update”
Regardless of the Duclos ruling, several Rhode Island Companies permit an ex husband or wife to keep on being on health insurance protection soon after Remaining Judgment of Divorce. Numerous companies are prohibiting ex spouses from protection soon after closing Judgment of Divorce relying on the Duclos situation. My Comprehension is that Blue Cross Blueshield of Rhode Island will allow an ex husband or wife to keep on being on health insurance soon after Remaining Judgment of Divorce.
All through the pendency of the divorce, the functions need to identify the companies policy and strategies linked to continuation of protection soon after Remaining Judgment of Divorce. If achievable, they need to seek the company policy in crafting from the Organizations advantages administrator. The Obligations of Rhode Island dependent organizations to comply with the Rhode Island Health Insurance Continuation Act is beyond the scope of this Article.
If a husband or wife will be remaining on his or her ex spouse’s insurance policies then the following language need to and should be set on the document at the Rhode Island Nominal Divorce Listening to and be memorialized into the Final decision Pending Entry of Remaining Judgment as properly as the Remaining Judgment of Divorce:
“Plaintiff shall give Defendant with Health Insurance and Dental Insurance pursuant to the Rhode Island Health Insurance Continuation Act.”
This language need to be set on the document and memorialized into the Final decision Pending and Remaining Judgment of Divorce even if the employer will be eliminating the husband or wife soon after Remaining Judgment of Divorce!
The earlier mentioned explained language integrated into the Remaining Judgment of Divorce is usually interpreted by Judges of The Rhode Island Loved ones Court docket as which means the following: