§ 27-8-5-21 — Adopted children

(a) Any individual or group policy or plan of
health and accident insurance regulated under this chapter or any
health maintenance organization or limited service health maintenance
organization regulated under IC 27-13 that provides coverage under a
policy issued for delivery in Indiana must cover newly adopted children
of the insured or enrollee. The coverage for newly adopted children
will be the same as for other dependents. No policy or plan provision
concerning preexisting condition limitations, insurability, eligibility, or
health underwriting approval may be applied to newly adopted children
when they are enrolled in accordance with this section.
(b) The coverage required by this section:
(1) is effective upon the earlier of:
(A) the date of placement for the purpose of adoption; or
(B) the date of the entry of an order granting the adoptive
parent custody of the child for purposes of adoption;
(2) continues unless the placement is disrupted prior to legal
adoption and the child is removed from placement; and
(3) continues unless required action as described in subsection (c)
is not taken.
(c) If the payment of a specific premium or subscription fee is
required to provide coverage for an adopted child, the policy or
contract may require that notification of the adoption of the child as
described in subsection (b) and the payment of the required premium
or fees must be furnished to the insurer or nonprofit service or
indemnity corporation within thirty-one (31) days after the adoption of
the child in order to have the coverage continue beyond the thirty-one
(31) day period.

Legislative History

As added by P.L.251-1989, SEC.1. Amended by P.L.98-1990, SEC.2; P.L.26-1994, SEC.11; P.L.116-1994, SEC.59; P.L.2-1995, SEC.106.