[§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 beadopted by the insured; provided that the insured gives written notice to thesociety of the insured's intent to adopt the child prior to the child's date ofbirth or within thirty days after the child's birth or within the time period requiredfor enrollment of a natural born child under the policy, contract, plan, oragreement of the insured, whichever period is longer; provided, however, if theadoption proceedings are not successful, the insured shall reimburse thesociety for any expenses paid for the child.

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

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

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

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