§ 2608-A — Discrimination in enrollment against certain children

New York § 2608-A

• Jurisdiction: New York
• Law ISC: Insurance
• Art. 26: Unfair Claim Settlement Practices; Other Misconduct; Discrimination

Text

§ 2608-a. Discrimination in enrollment against certain children. (a)\nNo employer, health insurer, group health plan, health maintenance\norganization, or other entity offering medical benefits whether by\ninsurance or otherwise, including an employee retirement income security\nact or service benefit plan, shall deny enrollment of a child under the\nhealth coverage of the child's parent on the ground that:\n (i) the child was born out of wedlock,\n (ii) the child is not claimed as a dependent on the parent's federal\nincome tax return, or\n (iii) the child does not reside with the parent or in the insurer's\nservice area.\n (b) Any inconsistent provisions of this title or other law\nnotwithstanding, any insurer, in any case in which a child has health\ncoverage through the insurer of a noncustodial parent, shall:\n (i) provide such information to the custodial parent as may be\nnecessary for the child to obtain benefits through such coverage;\n (ii) permit the custodial parent, or a health care provider with the\ncustodial parent's approval, to submit claims for covered services\nwithout the approval of the non-custodial parent; and\n (iii) make payment on claims directly to such custodial parent, the\nprovider, or the social services district furnishing medical assistance\nto a child.\n