Santa Maria, CA asked in Family Law and Health Care Law for California

Q: In a marriage therapy, one partner opted out without notifying the other one

The partner opted out and ended up deserting. However it left the other one in a state of crisis and the mental health they would have relied on was part of the other partners insurance plan so the day before treatment. they received a email notifying services have been canceled indefinitely. That is definitely not enough notice for continuity of care but can anyone be held accountable

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James L. Arrasmith
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  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, the sudden cancellation of mental health services due to a partner's decision to opt out of therapy and terminate insurance coverage can create a challenging situation. While there isn't a direct legal remedy for the emotional impact of a partner deserting therapy, there may be avenues to address the abrupt loss of mental health services.

If the insurance was part of a family plan, especially in the context of a marriage, discontinuing coverage without proper notice may have legal implications. You may want to review the terms of the insurance policy regarding coverage termination.

Additionally, if this situation leads to a divorce or legal separation, the issue of insurance coverage and access to mental health services could be addressed in the legal proceedings. It's advisable to consult with a family law attorney to explore your rights and options under these circumstances.

In the meantime, seeking alternative mental health support, possibly through community resources or sliding scale services, may be necessary. Legal guidance will be specific to the details of your situation, including any agreements made during the marriage.

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