Idaho State Statutes - Idaho Attorney Directory

(a) A subscriber's contract,
delivered or issued for delivery in this state which provides coverage for
injury or sickness for newborn dependent children of subscribers or other
members of the covered group, shall provide coverage for such newborn
children, including adopted newborn children that are placed with the adoptive
subscriber or other member of the covered group within sixty (60) days of the
adopted child's date of birth, from and after the moment of birth. Coverage
under the contract for an adopted newborn child placed with the adoptive
subscriber or other member of the covered group more than sixty (60) days
after the birth of the adopted child shall be from and after the date the
child is so placed. Coverage provided in accord with this section shall
include, but not be limited to, coverage for congenital anomalies. For the
purposes of this section, "child" means an individual who has not attained age
eighteen (18) years as of the date of the adoption or placement for adoption.
For the purposes of this section, "placed" shall mean physical placement in
the care of the adoptive subscriber or other member of the covered group, or
in those circumstances in which such physical placement is prevented due to
the medical needs of the child requiring placement in a medical facility, it
shall mean when the adoptive subscriber or other member of the covered group
signs an agreement for adoption of such child and signs an agreement assuming
financial responsibility for such child. Prior to legal finalization of
adoption, the coverage required under the provisions of this subsection as to
a child placed for adoption with a subscriber or other member of the covered
group continues in the same manner as it would with respect to a naturally
born child of the subscriber or other member of the covered group until the
first to occur of the following events:
(1) Date the child is removed permanently from that placement and the
legal obligation terminates; or
(2) The date the subscriber or other member of the covered group
rescinds, in writing, the agreement of adoption or agreement assuming
financial responsibility.
(b) A service corporation shall not restrict coverage under a
subscriber's contract of any dependent child adopted by a participant or
beneficiary, or placed with a participant or beneficiary for adoption, solely
on the basis of a preexisting condition of the child at the time the child
would otherwise become eligible for coverage under the plan, if the adoption
or placement for adoption occurs while the participant or beneficiary is
eligible for coverage under the plan.

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