New York Consolidated Laws, Insurance Law - ISC § 2608-a. Discrimination in enrollment against certain children

(a) No employer, health insurer, group health plan, health maintenance organization, or other entity offering medical benefits whether by insurance or otherwise, including an employee retirement income security act or service benefit plan, shall deny enrollment of a child under the health coverage of the child's parent on the ground that:

(i) the child was born out of wedlock,

(ii) the child is not claimed as a dependent on the parent's federal income tax return, or

(iii) the child does not reside with the parent or in the insurer's service area.

(b) Any inconsistent provisions of this title or other law notwithstanding, any insurer, in any case in which a child has health coverage through the insurer of a noncustodial parent, shall:

(i) provide such information to the custodial parent as may be necessary for the child to obtain benefits through such coverage;

(ii) permit the custodial parent, or a health care provider with the custodial parent's approval, to submit claims for covered services without the approval of the non-custodial parent;  and

(iii) make payment on claims directly to such custodial parent, the provider, or the social services district furnishing medical assistance to a child.


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