Section 21.36.485. Coverage of children.

   (a) A health care insurer may not deny enrollment of a child under the health care insurance of the child's parent on the ground that the child
        (1) was born out of wedlock;
        (2) is not claimed as a dependent on the parent's federal income tax return;
        (3) does not reside with the parent; or
        (4) does not reside in the health care insurer's service area.
   (b) If a parent is required under AS 25.27.020(a)(9) or 25.27.060(c) to provide medical support for a child and the parent is eligible for family health care insurance coverage through an insurer, the parent's health care insurer
        (1) shall allow the parent to enroll the child under the family health care insurance coverage without regard to restrictions relating to enrollment periods if the child is otherwise eligible;
        (2) shall, if the parent fails to apply for enrollment of a child under (1) of this subsection, enroll the child under the parent's family health care insurance coverage upon application by the child's other parent or custodian, the child support services agency, or the Department of Health and Social Services; and
        (3) may not disenroll or eliminate health care insurance coverage of the child unless the insurer has received written evidence that
             (A) the parent with the insurance coverage is no longer required by court order or administrative order to provide the child's medical support; or
             (B) the child is or will be enrolled in comparable health care insurance coverage through another insurer that will take effect not later than the effective date of the disenrollment or elimination of coverage.
   (c) A health care insurer who provides health care insurance coverage of a child through family health care insurance coverage of a parent who does not have sole physical custody of the child shall
        (1) provide to the child's other parent or custodian the information that may be necessary for the child to obtain benefits through the family health care insurance coverage;
        (2) allow the child's other parent or custodian, or the child's health care provider with the parent's or custodian's approval, to submit claims for covered services without the approval of the parent whose health care insurance covers the child; and
        (3) make payment on claims submitted under (2) of this subsection directly to the child's other parent or custodian, the health care provider, or a state agency to which the child's medical support rights have been assigned under AS 25.27.120 or AS 47.07.025.
   (d) If an individual is covered for health benefits from an insurer, the insurer may not impose requirements on a state agency to which the rights of the individual under AS 25.27.120 or AS 47.07.025 have been assigned that are different from requirements applicable to an agent or assignee of other individuals covered by the insurer.
   (e) In this section, "health care insurer" has the meaning given in AS 21.54.500 and includes the Comprehensive Health Insurance Association as described in AS 21.55.010.

Authorities

21.36.095

Notes

References

AS 21.36.095

History

(Sec. 3 ch 102 SLA 1994; am Sec. 33 ch 30 SLA 1996; am Sec. 30 ch 56 SLA 1996; am Sec. 31 - 34 ch 81 SLA 1997)