§ 58-51-30. Policies to cover newborn infants, foster children, and adopted children. - North Carolina Statutes

§ 58‑51‑30. Policies to cover newborn infants, foster children, and adopted children.

(a)        As used in thissection:

(1)        "Fosterchild" means a minor (i) over whom a guardian has been appointed by theclerk of superior court of any county in North Carolina; or (ii) the primary orsole custody of whom has been assigned by order of a court of competentjurisdiction;

(2)        "Placement inthe foster home" means physically residing with a person appointed asguardian or custodian of a foster child as long as that guardian or custodianhas assumed the legal obligation for total or partial support of the fosterchild with the intent that the foster child reside with the guardian orcustodian on more than a temporary or short‑term basis.

(3)        "Placement foradoption" has the same meaning as defined in G.S. 58‑51‑125(a)(2).

(b)        Every healthbenefit plan, as defined in G.S. 58‑51‑115(a)(1), that providesbenefits for any sickness, illness, or disability of any minor child or thatprovides benefits for any medical treatment or service furnished by a healthcare provider or institution to any minor child shall provide the benefits forthose occurrences beginning with the moment of the child's birth if the birthoccurs while the plan is in force. Every health benefit plan shall extendcoverage to a newborn child without requirements for prior notification unlessan additional premium charge to add the dependent is due. If an additionalpremium charge is due to cover the dependent, the health benefit plan shallcover the newborn child from the moment of birth if the newborn is enrolledwithin 30 days after the date of birth. Foster children and adopted childrenshall be treated the same as newborn infants and eligible for coverage on thesame basis upon placement in the foster home or placement for adoption. Everyhealth benefit plan shall extend coverage to a foster child or adopted childwithout requirements for prior notification unless an additional premium chargeto add the foster child or adopted child is due. If an additional premiumcharge is due to cover the foster child or adopted child, the health benefitplan shall cover the foster child or adopted child upon placement in the fosterhome or placement for adoption if the foster child or adopted child is enrolledwithin 30 days after the placement in the foster home or placement foradoption.

(c)        Benefits in suchplans shall be the same for congenital defects or anomalies as are provided formost sicknesses or illnesses suffered by minor children that are covered by theplans. Benefits for congenital defects or anomalies shall specifically include,but not be limited to, all necessary treatment and care needed by individualsborn with cleft lip or cleft palate.

(d)        No plan shall beapproved by the Commissioner under this Chapter that does not comply with thissection.

(e)        This sectionapplies to insurers governed by Articles 1 through 63 of this Chapter and tocorporations governed by Articles 65, 66, and 67 of this Chapter.

(f)         This section andG.S. 58‑51‑125 shall be construed in pari materia. (1973, c. 345, ss. 1, 2; 1981(Reg. Sess., 1982), c. 1349; 1991, c. 644, s. 12; 1993, c. 504, s. 32; c. 553,s. 18; 1993 (Reg. Sess., 1994), c. 644, s. 2; 2001‑334, s. 5; 2005‑223,s. 3.)