How Long Can You Be on Parents Health Insurance

The Patient Protection and Affordable Intendance Act (ACA) mandates that all health insurance carriers in every state that offer coverage to both adults and their dependents must let dependents to remain on their parents or guardians' "family" plans until the dependents are 26 years onetime.

The issued regulations state that young adults are eligible for this coverage regardless of any, or a combination of whatever, of the post-obit factors: financial dependency, residency of the young adult, student status, employment status, or marital status. This applies to all plans in the individual market and to almost all employer plans (small group, large grouping, including self-funded or so-chosen ERISA plans) created after March 23, 2010.

PPACA & HCERA; Public Laws 111-148 and 111-152: Consolidated Print

''SEC. 2714. EXTENSION OF DEPENDENT COVERAGE.

''(a) IN Full general.—A group health plan and a health insurance issuer offering grouping or individual health insurance coverage that provides dependent coverage of children shall continue to brand such coverage available for an adult child until the child turns 26 years of historic period. Zippo in this department shall crave a wellness plan or a health insurance issuer described in the preceding judgement to make coverage available for a kid of a kid receiving dependent coverage. [Equally revised past department 2301(b) of HCERA]

''(b) REGULATIONS.—The Secretary shall promulgate regulations to define the dependents to which coverage shall exist made bachelor under subsection (a).

''(c) RULE OF Construction.—Null in this section shall be construed to alter the definition of 'dependent' as used in the Internal Revenue Code of 1986 with respect to the revenue enhancement treatment of the cost of coverage."

• NCSL Fact Sheet
• White House Fact Sheet
• Commonwealth Fund:  Rite of Passage: Immature Adults and the Affordable Care Act of 2010
• Kaiser Family unit Foundation Summary

United states of america' Role

The extension of coverage for young adults under their parents' or guardians' health insurance plans, like many of the ACA'southward provisions, originated in state legislatures. Prior to the implementation of the ACA, at to the lowest degree 31 states required carriers to extend coverage to young adults. The age at which insurers were no longer required to provide coverage to young adults under their family plans varied past state. Additionally, some states required certain conditions to be met by young adults in gild to exist eligible for coverage under their guardians' plans. For example, a number of states required that young adults exist single in order to qualify.

States may continue with electric current state law requirements for extended dependent coverage unless they prevent the application of the ACA. As with other land health insurance statutes, the state mandate language enables the country insurance departments to educate the public, and to implement and enforce those laws directly, including use of country courts and state-specific penalties.

Country and local governments, as employers and sponsors of coverage plans, are required to notify those nether the historic period of 26 whose coverage has ended or who were denied coverage nether their plans earlier turning 26, of enrollment opportunities.

Land Deportment

The federal ACA law applies to young adults in all states.

As of 2012, (before the ACA was fully in effect)  the post-obit37 states had already extended the age that young adults can remain on their parents' health insurance plan:Colorado, Connecticut, Delaware, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Missouri, Montana, Nevada, New Hampshire, New Bailiwick of jersey, New Mexico, New York, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, W Virginia, Wisconsin and Wyoming.

There is considerable variation amongst country laws in terms of eligibility requirements. At least thirty states take extended dependent coverage, regardless of pupil status. Most states require that a young developed be unmarried and financially dependent on their parents in club to qualify for extended dependent coverage.
States may continue to employ current state law requirements for extended dependent coverage except to the extent that the requirements forbid the application of the Patient Protection and Affordable Care Human action (ACA). [Reviewed/updated 2016]

The box allows you lot to conduct a full text search or type the state name.

State Laws

Country	Laws
Colorado	Colo. Rev. Stat. § 10-16-104.3 states that a child is considered a dependent for insurance purposes upward to age 25 (even if they are not enrolled in an educational establishment) as long as they are single and are financially dependent or share the same permanent address as the insurance provider.
Connecticut	C.G.S.A. § 38a-497 requires that group comprehensive and health insurance policies extend coverage to unwed children until the age of 26 provided they remain residents of Connecticut or are full-time students.
Delaware	Del. Code Ann. Tit. xviii, § 3354 requires insurance providers to cover policyholder'south dependent children until age 24. Dependents must be unmarried and a resident of Delaware or, if living outside the state, a full-fourth dimension students. Insurance companies may charge more for dependent coverage past historic period 18, simply it may non exceed 102 percent of the policyholder's price before the child turned 18.
Florida	Florida 627.6562 allows for dependent children up to 25, who live with their parent or are a pupil, and up to30 years old, who are also single and accept no dependent kid of their own, to remain on their parents' insurance.
Georgia	Ga. Code § 33-30-iv allows dependent children up to age 25 who are enrolled as a full-fourth dimension educatee at least five months during the twelvemonth or are eligible to enroll but are prevented due to illness or injury to remain on their parents' insurance. Ga. Code § 33-24-28 requires that a health services program or health insurer exempt dependent children incapable of cocky-sustaining employment due to disability from dependent age limits.
Idaho	Idaho Stat. § 41-2103 allows for any unmarried dependents to remain on their parents' wellness insurance until age 21; whatever total-time, unmarried educatee until historic period 25; or a dependent with a inability without regard to age.
Illinois	215 ILCS five/356z.12 provides parents with the option of keeping unmarried dependents on their health care insurance up to age 26. Parents with dependents who are veterans can proceed them on their plans up to age 30.
Indiana	IC 27-eight-five-2,28 and  IC 27-thirteen-7-3 require commercial health insurers and wellness maintenance organizations to cover children until historic period of 24 or without regard to age if they are incapable of self-sustaining employment due to disability.
Iowa	Iowa Lawmaking § 509.three and Iowa Code § 514E.7 requires that wellness insurance providers continue to cover unmarried children under their parents' coverage provided that the child 1) is under the age of 25 and a current resident of Iowa, 2) is a total-fourth dimension student, or 3) has a disability.
Kentucky	Ky. Rev. Stat. § 304.17A-256 allows parents to keep their unmarried children on their health plans until the age of 25. Parents may accept to pay extra for their adult children.
Louisiana	La. Rev. Stat. Ann. § 22:1003 allows an unmarried, dependent kid to remain on parent'due south insurance up to age 24 if they are a full-time student.
Maine	24-A MRSA § 2742-B requires individual and group health insurance policies to continue coverage for a dependent kid upward to 25 years of historic period if the child is dependent upon the policyholder and the child has no dependents of the his/her own.
Maryland	MD Code, Insurance § xv-418 requires that wellness insurance be extended to, at the request of the policy holder, unmarried dependents under the historic period of 25.
Massachusetts	Mass. Gen. Laws Ann. Ch. 175 § 108 allows dependents to stay on their parent'south coverage for two years past the age of dependency or until age 26, whichever occurs commencement, or without regard to historic period if they are incapable of self-sustaining employment due to disability. Young adults ages xix-26 are eligible for lower-cost insurance coverage, tailored to come across their needs, offered through the Commonwealth Wellness Insurance Connector. Reform summary and fact sail, PowerPoint presentation.
Minnesota	Minnesota Chapter 62E.02 Defines "dependent" as a spouse or unmarried kid under historic period 25, or a dependent kid of whatever historic period who is disabled.
Missouri	Mo. Rev. Stat. § 354-536 defines dependent as an unmarried kid upwards to age 26. If a health maintenance organization plan provides that coverage of a dependent kid terminates upon attainment of the limiting age for dependent children, such coverage shall continue while the child is and continues to be both incapable of cocky-sustaining employment past reason of mental or physical handicap and chiefly dependent upon the enrollee for support and maintenance.
Montana	MCA 33-22-140 provides insurance coverage under a parent'due south policy for unmarried children up to age 25.
Nevada	NRS 689C.055 allows an unmarried, dependent child who is a full-time pupil to remain on his or her parent's insurance up to age 24 if parent is covered past small-scale group policy. NRS 689B.035 requires that dependents retain coverage beyond age of policy termination if they are incapable of self-sustaining employment due to inability.
New Hampshire	N.H. Rev. Stat § 420-B:8-aa defines dependent as those who are unmarried upwardly to age 26 and either a full-fourth dimension pupil or resident of New Hampshire for purposes of health insurance coverage. 2009 SB 115 allows those up to age 26 to buy-in to coverage through the land'due south Bit program, Healthy Kids.
New Jersey	N.J.S.A. 17B:27-30.v states that, at the option of the insured person, a dependent may be covered upwardly to the age of 31, as long as they are unmarried and have no dependents of their ain.
New Mexico	NM Stat. Ann. § 13-7-viii states that health insurance for dependents may not be terminated based on age up to historic period 25.
New York	North.Y. Insurance Code, sec. 3216. (2009 AB 9038) allows an unmarried adult child to remain on parent's insurance through age 29 (upwardly to historic period thirty) if they are a resident of New York. [link updated 4/2015]
North Dakota	North.D. Cent. Code § 26.1-36-22 allows an unmarried, dependent child to remain on parent'due south insurance up to age 22 if they live with parents. If they are a full-time pupil, they can remain on parent'due south insurance from age 22 up to age 26.
Ohio	Ohio Rev. Lawmaking § 1751.14, as amended by 2009 OH H 1 allows an unmarried, dependent child that is an Ohio resident or a total-time student to remain on parent'south insurance up to age 23, or without regard to age if they are incapable of self-sustaining employment due to disability.
Oregon	O.R.South. § 735.720 defines dependent as an unmarried child upwardly to 23, elderly parents and disabled adult children for the purpose of insurance coverage.
Pennsylvania	2009 SB 189 states that an unmarried child may remain on parent'south insurance up to age xxx if they have no dependents and are residents of PA or are enrolled equally full-time students. 51 Pa.C.S.A. § 7309 states that total-time students whose studies are interrupted past service in the reserves or the National Baby-sit must be extended wellness care benefits as a dependent of their parent beyond the terminating age equal to the length of their deployment..
Rhode Island	R.I. Gen. Laws § 27-twenty-45 and Gen. Laws § 27-41-61 requires insurance plans which comprehend dependent children to cover unmarried dependent children until age 19 or, if a student, until historic period 25. If the dependent child is mentally or physically impaired, the programme must proceed their coverage after the specified age.
South Carolina	South.C. Code Ann. § 38-71-1330 allows an unmarried, dependent child who is a full-time student to remain on parent'due south insurance up to historic period 22 if parent is covered by small group policy. S.C. Lawmaking Ann. § 38-71-350 requires that a dependent child who is non capable of self-sustaining employment be allowed to remain on his or her parent'south insurance, without regard to historic period.
Due south Dakota	SD Codified Laws Ann. § 3-12A-1 states that any insurance provider offer benefits to a dependent may not end those benefits by reason of historic period before the dependent's 19th birthday. If the dependent is enrolled in an educational establishment, they are not to be terminated until they reach age 24 and not terminated if unable to seek self-support due to inability. SD Codified Laws § 58-17-ii.3 states that if the dependent remains a total-time student upon attaining age 24 just not exceeding age 29, the insurer shall provide for the continuation of coverage for that dependent at the insured's choice.
Tennessee	Tennessee Code Ann. § 56-7-2302 allows for dependent coverage for children under their parents' health insurance programme upwardly to age 24 provided the kid is unmarried and financially dependent on the parents.
Texas	V.T.C.A. Insurance Code § 846.260 and V.T.C.A. Insurance Lawmaking § 1201.059 make dependent status available for an single kid upwardly to age 25 for insurance purposes.
Utah	Utah Code Ann. tit. 31A § 22-610.v requires that coverage for unmarried dependents go on upwardly to age 26, regardless of whether or non the dependent is enrolled in higher education.
Virginia	Va. Code Ann. § 38.2-3525 makes dependent condition available to any child upward to age nineteen or who is a dependent upwardly to age 25 who resides with the parent or is a full-time educatee.
Washington	West's RCWA 48.44.215 states that, at the pick of the insured person, an unmarried dependent may be covered up to historic period 25.
West Virginia	Westward. Va. Lawmaking § 33-16-1a defines dependent for health insurance coverage as a child or stepchild upward to age 25.
Wisconsin	Wis. Stat. § 632.885 requires that coverage for unmarried dependents through a parent's insurance be offered up to age 27 if they are not offered insurance through an employer. Full-time students chosen to active duty in the armed forces tin can be covered beyond age 26 depending on various factors.
Wyoming	Wyo. Stat. § 26-19-302 states that if kid is single and a total-time student, they tin remain on parent's insurance up to age 23 if parent is covered by small group policy.

Coverage Beyond the Federal ACA | 2022 update

Six states, including Florida, Illinois, New Jersey, Pennsylvania, Southward Dakota and Wisconsin have enacted laws that require or authorize carriers to comprehend young adults beyond historic period 26. New York and Ohio previously enacted such laws, however those provisions are no longer in consequence.

State Laws Beyond ACA

Country	Required Coverage Age Cut-off	Commendation
Florida	30 (must exist unmarried and have no dependents of their ain)	Due west'southward F.S.A. § 627.6562
Illinois	30 (applies to Veterans simply)	215 ILCS 5/356z.12
New Jersey	31	N.J.Due south.A. 17B:27-xxx.5
New York	29* (unmarried and not eligible for employer-based insurance)	McKinney's Insurance Law § 3216
Pennsylvania	30	40 P.S. § 752.ane
South Dakota	29*	SDCL § 58-17-two.iii
Wisconsin	Total-time students, regardless of age	Wis. Stat. § 632.885

Who Pays?

The cost of notifying families about new enrollment opportunities is shared between insurance providers and employers. The cost of covering the young adults who have advantage of the extension is shared betwixt employers and the families of newly covered young adults. For families with no employer health coverage, the cost may fall on the parents.  Those families that qualify for States, as sponsors of coverage plans for land employees, also share the costs with families. A qualified young developed cannot be required to pay more than for coverage than similarly situated individuals who did non lose coverage due to the loss of dependent status.

IRS Notice 2010-38 provides guidance to extend the full general exclusion from gross income for the reimbursements for medical care nether an employer provided blow or wellness programme to any employee's child who has not yet attained age 27 as of the end of the taxable year, making the do good revenue enhancement-free.

*The information on this page is intended for land policy makers. It is not intended every bit legal or medical advice or guidance to private insurance enrollees..

Source: NCSL legal research, 2016; Land Health Facts by KFF. Legal review, 2011-2015: Richard Cauchi, NCSL Wellness Program.
Update 2022 research: Ashley Noble, J.D., NCSL Health Program

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Source: https://www.ncsl.org/research/health/dependent-health-coverage-state-implementation.aspx

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