§431L-6 - Requirements for coverage of an adopted child.
[§431L-6] Requirements for coverage of anadopted child. (a) In any case in which a group health plan providescoverage for dependent children of participants or beneficiaries, the planshall provide benefits to dependent children placed with participants orbeneficiaries for adoption under the same terms and conditions as apply to thenatural, dependent children of the participants and beneficiaries, irrespectiveof whether the adoption has become final.
(b) A group health plan may not restrict coverageunder the plan of any dependent child adopted by a participant or beneficiary,or placed with a participant or beneficiary for adoption, solely on the basisof a preexisting condition of the child at the time that the child wouldotherwise become eligible for coverage under the plan, if the adoption orplacement for adoption occurs while the participant or beneficiary is eligiblefor coverage under the plan.
(c) As used in this section:
"Child" means, in connection with anyadoption, or placement for adoption, of the child, an individual who has notattained the age of eighteen as of the date of such adoption or placement foradoption.
"Placement for adoption" means theassumption and retention by a person of a legal obligation for total or partialsupport of a child in anticipation of the adoption of the child. The child'splacement with a person terminates upon the termination of such legalobligation. [L 1995, c 83, pt of §2]