RSA 161-H:2 Enrollment of Children

• Library: New Hampshire Statutes
• Edition: 2023
• Currency: Current through 2023 Legislative Session
• Year: 2023
• Citation: RSA 161-H:2

I.An insurer shall not deny enrollment of a child under the health care coverage of a parent on the grounds that:

(a) The child was born out of wedlock;

(b) The child is not claimed as a dependent on the parent's federal income tax return; or

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

II.In any case in which a parent is required by a court or administrative order to provide health coverage for a child and the parent is eligible for family health coverage through an insurer, the insurer shall:

(a) Permit such parent to enroll under such family coverage any such child who is otherwise eligible for such coverage without regard to open season restrictions.

(b) If such a parent is eligible to enroll for family health care coverage but fails to make application to obtain coverage of such child, allow the child to be enrolled by the other parent or by the department of health and human services.

(c) Not terminate coverage of such a child, unless the insurer is provided satisfactory written evidence that:

(1) Such court or administrative order is no longer in effect, or

(2) The child is or will be enrolled in comparable health coverage through another insurer which will take effect not later than the effective date of such disenrollment.

(d) The signature of the custodial parent, guardian, or caretaker of the insured dependent child is a valid authorization to the insurer for purposes of processing an insurance reimbursement payment to the provider of medical services.

III.In any case in which a parent is required by a court or administrative order to provide health coverage for a child and the parent is eligible for family health coverage through an employer doing business in the state, the parent's employer shall:

(a) Permit such parent to enroll under such family coverage any child who is otherwise eligible for such coverage without regard to any enrollment season restrictions.

(b) If a parent is eligible to enroll for family health care coverage but fails to make application to obtain coverage of the child, allow enrollment of the child under the family coverage upon application by the child's other parent or the department of health and human services.

(c) Not disenroll or eliminate coverage of any such child unless:

(1) The employer is provided satisfactory written evidence that the court or administrative order is no longer in effect, or the child is or will be enrolled in comparable health coverage which will take effect not later than the effective date of the disenrollment; or