§ 26.1-36-45 — Health insurance coverage not required

1. Regardless of whether a resident of this state has or is eligible for health insurance
coverage under a health insurance policy, health service contract, or evidence of
coverage by or through an employer or under a plan sponsored by the state or federal
government, the resident is not required to obtain or maintain a policy of individual
health coverage except as may be required by a court or by the department of health
and human services through a court or administrative proceeding.
2. This section does not render a resident of this state liable for any penalty, assessment,
fee, or fine as a result of the resident's failure to procure or obtain health insurance
coverage.
3. This section does not apply to:
a. An individual who voluntarily applies for coverage under a state-administered
program pursuant to the medical assistance program under title XIX of the federal
Social Security Act [42 U.S.C. 1396 et seq.] or the state's children's health
insurance program under title XXI of the federal Social Security Act [42 U.S.C.
1397aa et seq.].
b. A student who is required by an institution of higher education to obtain and
maintain health insurance as a condition of enrollment.
c. An individual who is required by a religious institution to obtain and maintain
health insurance.
4. This section does not impair the rights of an individual to contract privately for health
insurance coverage for family members or former family members.