§ 58-51-25. Policy coverage to continue as to mentally retarded or physically handicapped children; coverage of dependent students on medically necessary leave of absence. - North Carolina Statutes

§ 58‑51‑25. Policy coverage to continue as to mentally retarded or physically handicappedchildren; coverage of dependent students on medically necessary leave ofabsence.

(a)        An individual orgroup accident and health insurance policy, hospital service plan policy, ormedical service plan policy that provides that coverage of a dependent childshall terminate upon attainment of the limiting age for dependent childrenspecified in the policy or contract, shall also provide in substance thatattainment of such limiting age shall not operate or terminate the coverage ofsuch child while the child is and continues to be (i) incapable of self‑sustainingemployment by reason of mental retardation or physical handicap; and (ii)chiefly dependent upon the policyholder or subscriber for support andmaintenance: Provided, proof of such incapacity and dependency is furnished tothe insurer, hospital service plan corporation, or medical service plancorporation by the policyholder or subscriber within 31 days of the child'sattainment of the limiting age and subsequently as may be required by theinsurer or corporation, but not more frequently than annually after the child'sattainment of the limiting age.

(b)        All health benefitplans, as defined in G.S. 58‑3‑167, that provide that coverage of adependent child shall terminate upon a change in enrollment of the child in apostsecondary educational institution shall provide for the continuedeligibility of the dependent child during a medically necessary leave of absencefrom the postsecondary educational institution in accordance with allapplicable requirements of Public Law 110‑381, known as Michelle's Law.  (1969, c. 745, s. 1; 1971,c. 1126, s. 1; 2009‑382, s. 17.)