Benefits Law Update
        Practical advice from Verrill attorneys

        Implementing Required Health Plan Coverage of Adult Children

        by Eric D. Altholz on September 16, 2010

        Under the Patient Protection and Affordable Care Act, group health plans must extend coverage to employees’ dependents up to age 26. Grandfathered plans enjoy a limited exception to this requirement in cases where the dependent is eligible to enroll in another employer-sponsored group health plan. This post focuses on a handful of practical issues that we have encountered when implementing this required change.

        First, an obvious one: this required extension of coverage only applies to plans that cover dependents. If your plan provides employee coverage only, the plan does not have to be amended to include coverage of adult children. The plan also does not have to cover the spouse (or dependents) of an adult child.

        Second, a plan cannot vary the benefits or coverage provided to children on the basis of age. Regulations issued under the new law state that benefits and coverage provided to adult children must be identical to that provided to similarly situated children who are not adult children, and the benefits and coverage must cost the same.

        Third, the extension of coverage includes adult children who aged out (or never began coverage under the plan because of their age) and now must be given the opportunity to enroll. By the same token, the new law also means that plans can no longer exclude adult children because they get married, cease to be full-time students, live with the parent-employee, or no longer live with their parent-employee or are not financially dependent on the parent. Many plans contain exclusions besides an age limit. Plan language and operation must reflect the multiple aspects of the extended coverage.

        Fourth, individuals to whom adult dependent coverage extended should be treated in the same manner as children. In other words, if a plan is drafted to extend coverage to a step child of an employee as though he or she is a child, the plan should not restrict coverage for the step child through age 26 on the basis of financial dependence, residence, student status, or marriage. Grandchildren, however, can be excluded from coverage.

        Fifth, administrative factors are dissuading grandfathered plans from conditioning the coverage on whether the adult child is eligible for other health coverage. A plan with grandfather status must track whether an adult child is eligible for other employer-based health coverage (not through a parent), which may fluctuate with changes in employment. Grandfathered plans must factor in the soft cost of this administrative requirement in when considering whether to condition adult child coverage on the child’s eligibility for other coverage.

        Benefits Law Update

        Verrill’s Benefits Law Update blog delivers timely insights and practical guidance on the ever-evolving landscape of employee benefits and executive compensation. Our blog provides up-to-date analysis and commentary on a wide range of topics, including timely updates on developments in law affecting employee benefit plans and executive compensation arrangements.

        Key Contacts

        Subscribe

        Looking for more great content? Subscribe for regular legal updates and information delivered right to your inbox.

        Firm Highlights

        Alerts and Newsletters

        SAFEs and Preferred Stock – Key Deal Terms Every Founder Should Know

        SAFEs Before negotiating a term sheet for preferred stock, many early-stage companies, particularly at the seed stage, first raise capital through...
        Press Releases

        Verrill Welcomes Business Restructuring and Insolvency Attorney Nimra Tariq

        BOSTON, Massachusetts – Verrill is pleased to announce that Nimra Tariq has joined the firm’s Business Restructuring and Insolvency Group as an...
        Press Releases

        Verrill Welcomes Construction Attorney Cassie Dufon

        PORTLAND, Maine – Verrill is pleased to welcome Cassie Dufon to the firm’s Construction Group as an Associate, resident in the firm’s Portland...
        Press Releases

        Verrill’s Wide-Ranging Private Wealth Law Practice Recognized in 2026 Chambers and Partners High Net Worth Guide

        BANGOR and PORTLAND, Maine and BOSTON, Mass. – Verrill attorneys Kenneth P. Brier, Anya F. Endsley, Kurt E. Klebe, Mary McQuillen, Nathaniel S....
        Blog

        Update on Status of Maine Packaging EPR

        In December 2024, Verrill published a blog post, Unwrapping Maine's Gift to the Environment: A New Packaging Stewardship Program Set to Launch in...
        Blog

        Voluntary Benefits Move into the ERISA Litigation Crosshairs

        Employee-paid accident, critical-illness, cancer, and hospital-indemnity insurance have long occupied a quiet corner of employee benefit plan...
        Alerts and Newsletters

        Maine’s New Employer Surveillance Law, 26 M.R.S. § 620-A

        Effective July 14, 2026 Maine employers that electronically monitor employees must comply with a new disclosure law effective July 14, 2026. Under...
        Press Releases

        Verrill Recognized by U.S. News as One of the Best Law Firms to Work for in 2026

        BOSTON, Mass., BANGOR and PORTLAND, Maine, GREENWICH and WESTPORT, Conn., – Verrill has been featured on U.S. News’ 2026 Best Companies to Work...
        Blog

        SECURE 2.0 Roth Catch-Up Rules and the 403(b) 15-Year Catch-Up: What Tax-Exempt Employers Need to Know

        Tax-exempt employers whose 403(b) plans offer catch-up contributions for participants age 50 and above should be well on their way to compliance with...
        Media Mentions

        Robert Keach Quoted in Law360 on SIMAD Summer Camp Bankruptcy Sale

        Verrill attorney Robert Keach was recently quoted in a Law360 article examining the Chapter 11 bankruptcy proceedings involving SIMAD Holdings and...
        Media Mentions

        Chris Tsouros Featured in Law360’s Coverage of Sports Real Estate Deals

        Verrill Partner Chris Tsouros was recently recognized in a Law360 article highlighting law firms involved in significant sports real estate projects...
        Blog

        What Maine’s New Employer Surveillance Law Means for Maine Employers

        Maine employers who monitor their workforce, whether through productivity software, GPS, call recording, or cameras, have a new compliance obligation...