Previously, we blogged about how rescission of Obamacare by the United States Supreme Court (which did not happen) might impact spousal continuation rights in Massachusetts that are a part of our health insurance laws. We suggested that there was little to worry about, since those state benefits were largely unrelated to the constitutional attack on the federal statute.
The same questions, while not posing substantial threat in our view, existed with respect to Mitt Romney’s repeated campaign promise to “repeal Obamacare on the first day” of his new administration. With the presidential results and strengthening of the democratic majority in the Senate, Obamacare repeal is off the agenda, so at least for now, the questions are resolved. That leaves divorcing spouses with the state post-divorce benefits intact, as well as the more general Romneycare era reforms, in tandem with Obamacare, allowing everyone to cover children until age 26, assuring coverage for pre-existing conditions, etc.
Now, if we could only figure out for sure what our statutes mean for post-divorce clients when the employee spouse who provides continuing family coverage changes employer, leaves the state; or what to do when the employer is self-insured? Problems for another day.