§ 58-51-125. Adopted child coverage. - North Carolina Statutes

§58‑51‑125.  Adopted child coverage.

(a)        Definitions. – Asused in this section:

(1)        "Child"means, in connection with any adoption or placement for adoption of the child,an individual who has not attained 18 years of age as of the date of theadoption or placement for adoption.

(2)        "Placement foradoption" means the assumption and retention by a person of a legalobligation for total or partial support of a child in anticipation of theadoption of the child. The child's placement with a person terminates upon thetermination of such legal obligations.

(b)        Coverage EffectiveUpon Placement for Adoption. – If a health benefit plan provides coverage fordependent children of persons covered by the plan, the plan shall providebenefits to dependent children placed with covered persons for adoption underthe same terms and conditions that apply to the natural, dependent children ofcovered persons, irrespective of whether the adoption has become final.

(c)        Restrictions Basedon Preexisting Conditions at Time of Placement for Adoption Prohibited. – Ahealth benefit plan may not restrict coverage under the plan of any dependentchild adopted by a covered person, or placed with a covered person foradoption, solely on the basis of any preexisting condition of the child at thetime that the child would otherwise become eligible for coverage under theplan, if the adoption or placement for adoption occurs while the covered personis eligible for coverage under the plan. (1993 (Reg. Sess., 1994), c.644, s. 1.)