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Who pays for deductibles and co-pays and how do we deal with extraordinary medical expenses not covered by the insurance?

5/27/2015

 
15.  Welcome back!  Who pays for deductibles and co-pays and how do we deal with extraordinary medical expenses not covered by the insurance?

            KRS 403.211(9) covers this one.  The cost of “extraordinary medical expenses” is to be allocated between the parents according to their respective gross income. 

            According to the definition in the statute, “Extraordinary medical expenses” means uninsured expenses in excess of one hundred dollars ($100) per child per calendar year. "Extraordinary medical expenses" includes but is not limited to the costs that are reasonably necessary for medical, surgical, dental, orthodontal, optometric, nursing, and hospital services; for professional counseling or psychiatric therapy for diagnosed medical disorders; and for drugs and medical supplies, appliances, laboratory, diagnostic, and therapeutic services.

            So, I am confused here – Extraordinary medical expenses “includes but is not limited to“ certain described costs. Does it include costs that are not reasonably necessary? Does it include other costs not specifically listed? The list is pretty inclusive, so it seems. 

            Parents frequently disagree as to whether there should be an allocation of these expenses.  The most troublesome area seems to be orthodontics, where one party contends the treatment is not necessary for treatment of a condition, but merely cosmetic in nature.  Those questions should be resolved, in my humble opinion, based on expert opinions as opposed to a judge trying to look at x-rays and decide.

            Well, in any event, now you know something more about allocation of extraordinary medical expenses.  


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    Judge John Schrader is a Husband, a Father, and a Lexington Attorney providing legal and mediation services in the office of Sherrow, Sutherland & Associates, P.S.C.

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