IC 27-8-5.6
    Chapter 5.6. Accident and Sickness Insurance.Coverage forNewborns

IC 27-8-5.6-1
"Accident and sickness insurance" defined
    Sec. 1. (a) As used in this chapter, the term "accident and sicknessinsurance" means any policy or contract covering one (1) or more ofthe kinds of insurance described in classes 1(b) or 2(a) of IC 1971,27-1-5-1, as governed by IC 1971, 27-8-5.
    (b) The term does not include the following:
        (1) Accident only, credit, dental, vision, Medicare supplement,long term care, or disability income insurance.
        (2) Coverage issued as a supplement to liability insurance.
        (3) Worker's compensation or similar insurance.
        (4) Automobile medical payment insurance.
        (5) A specified disease policy.
        (6) A short term insurance plan that:
            (A) may not be renewed; and
            (B) has a duration of not more than six (6) months.
        (7) A policy that provides indemnity benefits not based on anyexpense incurred requirement, including a plan that providescoverage for:
            (A) hospital confinement, critical illness, or intensive care;or
            (B) gaps for deductibles or copayments.
        (8) A supplemental plan that always pays in addition to othercoverage.
        (9) A student health plan.
        (10) An employer sponsored health benefit plan that is:
            (A) provided to individuals who are eligible for Medicare;and
            (B) not marketed as, or held out to be, a Medicaresupplement policy.
(Formerly: Acts 1975, P.L.282, SEC.1.) As amended byP.L.173-2007, SEC.28.

IC 27-8-5.6-2
Policy provisions
    Sec. 2. (a) Except as provided in subsection (b), all individual andgroup accident and sickness insurance policies or contracts whichprovide coverage on an expense incurred basis or a provision ofservice basis for:
        (1) an individual insured, certificate holder, or subscriber; or
        (2) a family member or child of the insured, certificate holder,or subscriber;
shall, as to such individual or family members' coverage, alsoprovide that the insurance benefits applicable for the individual orfamily member shall be payable with respect to a newly born childof the insured, certificate holder, or subscriber from the moment of

birth.
    (b) Subsection (a) does not require the coverage of a newly bornchild of an insured or a subscriber under an individual accident andsickness policy or contract if the pregnancy resulting in the birth ofthe newly born child was a condition that existed prior to theissuance of the policy or contract. If the pregnancy resulting in thebirth of a newly born child was a condition that existed prior to theissuance of the policy or contract, coverage for the newly born childunder the policy or contract is subject to the underwriting practicesfollowed by the insurer at the time of the birth of the child.
    (c) The coverage for newly born children required by subsection(a) shall consist of coverage of injury or sickness, including thenecessary care and treatment of medically diagnosed congenitaldefects and birth abnormalities. Coverage for newly born childrenrequired by subsection (a) shall include but not be limited to benefitsfor inpatient or outpatient expenses arising from medical and dentaltreatment (including orthodontic and oral surgery treatment) involvedin the management of birth defects known as cleft lip and cleftpalate.
(Formerly: Acts 1975, P.L.282, SEC.1.) As amended byP.L.259-1985, SEC.1; P.L.267-1987, SEC.6; P.L.257-1995, SEC.1;P.L.189-1997, SEC.1.

IC 27-8-5.6-3
Payment of specific premium; notification of birth
    Sec. 3. If payment of a specific premium or subscription fee isrequired to provide coverage for a child, the policy or contract mayrequire that notification of birth of a newly born child and paymentof the required premium or fees must be furnished to the insurer ornonprofit service or indemnity corporation within thirty-one (31)days after the date of birth in order to have the coverage continuebeyond the thirty-one (31) day period.
(Formerly: Acts 1975, P.L.282, SEC.1.)

IC 27-8-5.6-4
Application of chapter
    Sec. 4. This chapter applies to accident and sickness insurancepolicies and contracts delivered or issued for delivery in Indiana afterOctober 1, 1975.
As added by P.L.5-1988, SEC.148.