Information Maintained by the Office of Code Revision Indiana Legislative Services Agency
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.