What can I do to provide health insurance rights for my adopted son in Nevada?
Full Question:
Answer:
The following is a NV statute:
NRS 689B.033 Required provision concerning coverage for newly born and
adopted children and children placed for adoption.
1. All group health insurance policies providing coverage on an
expense-incurred basis and all employee welfare plans providing medical,
surgical or hospital care or benefits established or maintained for
employees or their families or dependents, or for both, must as to the
family members' coverage provide that the health benefits applicable for
children are payable with respect to:
(a) A newly born child of the insured from the moment of birth;
(b) An adopted child from the date the adoption becomes effective, if the
child was not placed in the home before adoption; and
(c) A child placed with the insured for the purpose of adoption from
the moment of placement as certified by the public or private agency
making the placement. The coverage of such a child ceases if the adoption
proceedings are terminated as certified by the public or private agency
making the placement. The policies must provide the coverage specified in
subsection 3 and must not exclude premature births.
2. The policy or contract may require that notification of:
(a) The birth of a newly born child;
(b) The effective date of adoption of a child; or
(c) The date of placement of a child for adoption, and payments of the
required premium or fees, if any, must be furnished to the insurer or
welfare plan within 31 days after the date of birth, adoption or
placement for adoption in order to have the coverage continue beyond the
31-day period.
3. The coverage for newly born and adopted children and children placed
for adoption consists of coverage of injury or sickness, including the
necessary care and treatment of medically diagnosed congenital defects and
birth abnormalities and, within the limits of the policy, necessary
transportation costs from place of birth to the nearest specialized
treatment center under major medical policies, and with respect to basic
policies to the extent such costs are charged by the treatment center.
4. An insurer shall not restrict the coverage of a dependent child
adopted or placed for adoption solely because of a preexisting condition
the child has at the time he would otherwise become eligible for coverage
pursuant to the group health policy. Any provision relating to an exclusion
for a preexisting condition must comply with NRS 689B.500.
For in-depth discussion of applicable federal laws, please see:
http://library.adoption.com/articles/health-insurance-for-adopted-children-2.html
http://www.ebia.com/files/PDFs/GHPM_excerpt.pdf
http://www.winston.com/siteFiles/publications/MedicalCoverage_AdoptedChildren.pdf
http://www.rainbowkids.com/ArticleDetails.aspx?id=366