33-24-28
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33-24-28.
(a)
An individual hospital or medical expense insurance policy or hospital or
medical service plan contract which provides that coverage of a dependent child
shall terminate upon attainment of the limiting age for dependent children
specified in the policy or contract shall also provide in substance that
attainment of the limiting age shall not operate to terminate the coverage of
the child while the child is and continues to be both incapable of
self-sustaining employment by reason of mental retardation or physical
disability as determined by the Department of Human Resources and chiefly
dependent upon the policyholder or subscriber for support and maintenance,
provided proof of incapacity and dependency is furnished to the insurer,
hospital, or medical service plan corporation by the policyholder or subscriber
within 31 days of the child´s attainment of the limiting age and
subsequently as may be required by the insurer or corporation but not more
frequently than annually after the two-year period following the child´s
attainment of the limiting age.
(b)
A group hospital or medical expense insurance policy or hospital or medical
service plan contract which provides that coverage of a dependent child of an
employee or other member of the covered group shall terminate upon attainment of
the limiting age for dependent children specified in the policy or contract
shall also provide in substance that attainment of such limiting age shall not
operate to terminate the coverage of the child while the child is and continues
to be both incapable of self-sustaining employment by reason of mental
retardation or physical disability as determined by the Department of Human
Resources and chiefly dependent upon the employee or member for support and
maintenance, provided proof of incapacity and dependency is furnished to the
insurer or hospital or medical service plan corporation by the employee or
member within 31 days of the child´s attainment of the limiting age and
subsequently as may be required by the insurer or corporation but not more
frequently than annually after the two-year period following the child´s
attainment of the limiting age.
(c)
This Code section shall apply equally to health insurance policies issued
pursuant to Chapters 29 and 30 of this title, contracts issued by nonprofit
hospital and medical service corporations under Chapters 18 and 19 of this
title, coverage by health maintenance organizations under Chapter 21 of this
title, and health care plans under Chapter 20 of this title.