§ 58-51-35. Insurers and others to afford coverage to mentally retarded and physically handicapped children.
§58‑51‑35. Insurers and others to afford coverage to mentallyretarded and physically handicapped children.
(a) No insurancecompany licensed in this State pursuant to the provisions of Articles 1 through64 of this Chapter and no corporation governed by the provisions of Articles 65and 66 of this Chapter shall refuse to issue or deliver any individual or groupaccident and health insurance policy of hospital or medical service plan policyin this State which it is currently issuing for delivery in this State andwhich affords benefits or coverage for minor children of the applicant, byreason of the physical handicap or mental retardation of any minor children ofthe applicant; nor shall any such policy issued and delivered in this Statecarry a higher premium rate or charge or restrict or exclude coverage orbenefits by reason of said mental retardation or physical handicap. Provided,however, such policy may exclude benefits, otherwise payable for disability,hospitalization, or medical or other therapeutic expense directly and solelyattributable to such mental retardation or such physical handicap.
(b) The Commissionershall revoke the license of any insurer or any corporation governed by theprovisions of Articles 65 and 66 of this Chapter if it fails to comply with theprovisions of this section.
(c) The provisions ofthis section shall apply to corporations governed by the provisions of Articles65 and 66 of this Chapter. (1973, c. 754, ss. 1, 2; 1991, c. 720, s. 4.)