CHAPTER 23. MEDICAL CHILD SUPPORT PROVISIONS OF TITLE XIX OF THE FEDERAL SOCIAL SECURITY ACT
IC 27-8-23
Chapter 23. Medical Child Support Provisions of Title XIX of the
Federal Social Security Act
IC 27-8-23-1
Applicable provisions
Sec. 1. IC 12-15-29-9 and IC 12-15-29-10 apply to this chapter.
As added by P.L.46-1995, SEC.68 and P.L.133-1995, SEC.20.
IC 27-8-23-2
Applicability of chapter
Sec. 2. Notwithstanding any other law, this chapter applies to the
duty of an insurer to provide family health coverage to a child in
accordance with this chapter.
As added by P.L.46-1995, SEC.68 and P.L.133-1995, SEC.20.
IC 27-8-23-3
"Child" defined
Sec. 3. As used in this chapter, "child" refers to a child who is less
than eighteen (18) years of age.
As added by P.L.46-1995, SEC.68 and P.L.133-1995, SEC.20.
IC 27-8-23-4
"Insurer" defined
Sec. 4. As used in this chapter, "insurer" has the meaning set forth
in IC 12-7-2-120.
As added by P.L.46-1995, SEC.68 and P.L.133-1995, SEC.20.
IC 27-8-23-5
Prohibited grounds for denial of coverage
Sec. 5. An insurer may not deny enrollment of a child under the
health coverage of the child's parent on any of the following grounds:
(1) That the child was born out of wedlock.
(2) That the child is not claimed as a dependent on the parent's
federal income tax return.
(3) That the child does not reside:
(A) with the parent; or
(B) in the insurer's service area.
As added by P.L.46-1995, SEC.68 and P.L.133-1995, SEC.20.
IC 27-8-23-6
Duties of insurer to noncustodial parent
Sec. 6. Whenever a child has health coverage through an insurer
of a noncustodial parent, the insurer shall:
(1) provide any information to the custodial parent that is
necessary for the child to obtain benefits through the coverage;
(2) permit the custodial parent, or the provider of medical
assistance services with the custodial parent's approval, to
submit claims for covered services without the approval of the
noncustodial parent; and
(3) make payments on insurance claims submitted under
subdivision (2) directly to the:
(A) custodial parent;
(B) provider of the medical assistance services; or
(C) office of Medicaid policy and planning.
As added by P.L.46-1995, SEC.68 and P.L.133-1995, SEC.20.
IC 27-8-23-7
Duties of insurer when parent is ordered to provide coverage for
child
Sec. 7. Whenever a parent is required by a court or an
administrative order to provide health coverage for a child and the
parent is eligible for family health coverage through an insurer, the
insurer:
(1) shall permit the parent to enroll under the family coverage
a child who is otherwise eligible for the coverage, without
regard to any enrollment season restrictions;
(2) shall enroll a child under the family coverage upon
application by:
(A) the child's custodial parent;
(B) the office of Medicaid policy and planning; or
(C) a Title IV-D agency;
whenever a noncustodial parent who is enrolled fails to apply
for coverage of the child; and
(3) may not disenroll or eliminate coverage of a child who is
otherwise eligible for coverage unless the insurer is provided
satisfactory written evidence that:
(A) the court order or an administrative order is no longer in
effect; or
(B) the child is or will be enrolled in comparable health
coverage through another insurer that is to take effect not
later than the effective date of the disenrollment.
As added by P.L.46-1995, SEC.68 and P.L.133-1995, SEC.20.
IC 27-8-23-8
Requirements imposed by insurer
Sec. 8. An insurer may not impose requirements on a state agency
that has been assigned the rights of a person:
(1) eligible for assistance under Medicaid; and
(2) covered for health benefits from the insurer;
that are different from requirements applicable to an agency or
assignee of any other person who is covered.
As added by P.L.46-1995, SEC.68 and P.L.133-1995, SEC.20.
IC 27-8-23-9
Delivery of policy
Sec. 9. A policy of health care coverage shall not be delivered or
issued for delivery to any person in Indiana unless the policy
complies with this chapter.
As added by P.L.46-1995, SEC.68 and P.L.133-1995, SEC.20.