Is an insurance able to add a family member to a pre-existing health plan without their approval?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is an insurance able to add a family member to a pre-existing health plan without their approval?

My father had a health insurance plan with BCBS that he was given through his employer 5 to 6 years ago. After, he had taken me off of it. This January he once again has the plan. I have Medicaid and I have had it for years. My father has never placed me under his account at any point. This past month I was notified during a doctor appointment that I have insurance under the same company and it is under his plan. I now have ton pay the deductible amount though there has been and never was an instant where my father, nor I, have EVER placed me onto his plan. Now every place I go I cannot go to the doctor because I have to pay for it and they are not able to bill my medicaid. Is this allowed?

Asked on September 22, 2018 under Insurance Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Are you, as we assume, an adult (over age 18)? Are you legally competent (not been declared incompetent and had a guardain appointed)? If so, then no--you cannot be placed under a healt plan against your will or without you consent. Legally competent adults have the right to decide their own insurance. Contact the insurer, explain that you never agreed to be under this plan, that you insist on being removed from it immediately.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption