[§432:1-602.6]  Newborn adoptee; coverage. 
(a)  Notwithstanding any provision to the contrary, whenever a policy,
contract, plan, or agreement provides coverage for the children of the insured,
that coverage shall also extend to the date of birth of any newborn child to be
adopted by the insured; provided that the insured gives written notice to the
society of the insured's intent to adopt the child prior to the child's date of
birth or within thirty days after the child's birth or within the time period required
for enrollment of a natural born child under the policy, contract, plan, or
agreement of the insured, whichever period is longer; provided, however, if the
adoption proceedings are not successful, the insured shall reimburse the
society for any expenses paid for the child.



Where notification has not been received by the
society prior to the child's birth or within the specified period following the
child's birth, insurance coverage shall be effective from the first day
following the society's receipt of legal notification of the insured's ability
to consent for treatment of the infant whom coverage is sought.



(b)  When the insured is a member of a health
maintenance organization (HMO), coverage of an adopted newborn is effective:



(1)  From the date of birth of the adopted newborn
when the newborn is treated from birth pursuant to a provider contract with the
health maintenance organization, and written notice of enrollment in accord
with the health maintenance organization's usual enrollment process is provided
within thirty days of the date the insured notifies the health maintenance
organization of the insured's intent to adopt the infant for whom coverage is
sought; or



(2)  From the first day following receipt by the
health maintenance organization of written notice of the insured's ability to
consent for treatment of the infant for whom coverage is sought and enrollment
of the adopted newborn in accord with the health maintenance organization's
usual enrollment process if the newborn has been treated from birth by a
provider not contracting or affiliated with the health maintenance
organization. [L 1991, c 268, §§2, 5; am L 1995, c 47, §1]