2006 New York Code - Discrimination In Enrollment Against Certain Children.



 
    §  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.

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