§ 26.1-36-22 — Individual and group health insurance for dependents

An individual or group health insurance policy may be extended to insure the individuals,
employees, or members with respect to their family members or dependents, including
dependents of dependents, or any class or classes thereof, subject to the following:
1. The premium for the insurance must be paid either from funds contributed by the
employer, union, association, or other person to whom the policy has been issued, or
from funds contributed by the covered persons, or from both. A policy on which no part
of the premium for the family members or dependents coverage is to be derived from
funds contributed by the covered persons must insure all eligible employees or
members with respect to their family members or dependents, or any class or classes
thereof.
2. An insurer may exclude or limit the coverage on any family member or dependent as
to whom evidence of individual insurability is not satisfactory to the insurer.
3. A policy that provides coverage for a dependent child of an employee or other member
of the covered group must provide such coverage up to a limiting age of twenty-two
years of age, if the dependent child physically resides with the employee or other
member and is chiefly dependent upon the employee or member for support and
maintenance.
4. A policy that provides that coverage for a dependent child of an employee or other
member of the covered group terminates upon attainment of the limiting age for
dependent children specified in the policy does not operate to terminate the coverage
of a dependent child while the child is a full-time student and has not attained the age
of twenty-six years or while the child is and continues to be both incapable of
self-sustaining employment by reason of intellectual disability or physical disability and
chiefly dependent upon the employee or member for support and maintenance,
provided proof of incapacity and dependency is furnished to the insurer by the
employee or member within thirty-one days of the child's attainment of limiting age and
subsequently as may be required by the insurer but not more frequently than annually
after the two-year period following the child's attainment of the limiting age.