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State RegulationsVA specificDifficulty 3/5

A covered employee's son passes the plan's dependent age limit while incapable of self-sustaining employment because of a disability and remains dependent on his parent. Under Virginia law, what happens to his coverage?

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Answer & full 3-part explanation (select an option above, or peek)

Why C is correct

Va. Code § 38.2-3525 provides for continuation of coverage for a dependent child who is or becomes incapable of self-sustaining employment by reason of disability and remains dependent on the insured. The child does not simply age out of the plan while the disability and dependency continue, and the insurer may require proof of the disability to support the continuation. The Virginia Bureau of Insurance enforces this dependent-disability protection as part of Virginia's eligibility mandates for health coverage.

Why the other options are wrong

  • A) Virginia law creates the disability continuation exception, so an incapacitated dependent does not lose coverage merely at the age limit.
  • B) No purchase of an individual policy is required; the continuation runs through the parent's plan under Va. Code § 38.2-3525.
  • D) Nothing converts the dependent's coverage into a Medicare supplement; Medicare is a separate federal program tied to Medicare enrollment.

Memory hook

Disabled dependents don't age out — coverage rides along while dependency lasts.

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