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This entry was published on 2014-09-22
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Discrimination in enrollment against certain children
Insurance (ISC) CHAPTER 28, ARTICLE 26
§ 2608-a. Discrimination in enrollment against certain children. (a)
No employer, health insurer, group health plan, health maintenance
organization, or other entity offering medical benefits whether by
insurance or otherwise, including an employee retirement income security
act or service benefit plan, shall deny enrollment of a child under the
health coverage of the child's parent on the ground that:

(i) the child was born out of wedlock,

(ii) the child is not claimed as a dependent on the parent's federal
income tax return, or

(iii) the child does not reside with the parent or in the insurer's
service area.

(b) Any inconsistent provisions of this title or other law
notwithstanding, any insurer, in any case in which a child has health
coverage through the insurer of a noncustodial parent, shall:

(i) provide such information to the custodial parent as may be
necessary for the child to obtain benefits through such coverage;

(ii) permit the custodial parent, or a health care provider with the
custodial parent's approval, to submit claims for covered services
without the approval of the non-custodial parent; and

(iii) make payment on claims directly to such custodial parent, the
provider, or the social services district furnishing medical assistance
to a child.