CHAPTER 529

FORMERLY

HOUSE BILL NO. 727

AS AMENDED BY HOUSE AMENDMENTS NO. 1 AND 2

AN ACT TO AMEND CHAPTER 33, CHAPTER 35 AND CHAPTER 37, TITLE 18 OF THE DELAWARE CODE RELATING TO HEALTH INSURANCE POLICIES; AND PROVIDING COVERAGE FOR NEW-BORN CHILDREN.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Amend Chapter 33, Part 1, Title 18 of the Delaware Code by adding thereto a new section, designated as §3336, which new section shall read as follows:

§3336. New-Born Children

(a) All individual and group health insurance policies providing coverage on an expense-incurred basis, and individual and group service or indemnity-type contracts issued by a nonprofit corporation, which provide coverage for a family member of the insured or subscriber, shall, as to such family members' coverage, also provide that the health insurance benefits applicable for children shall be payable with respect to a newly-born child of the insured or subscriber from the moment of birth.

() The coverage for newly-born children shall consist of coverage for injury or sickness, including the necessary care and treatment of medically-diagnosed congenital defects and birth abnormalities as well as routine care furnished any infant from the moment of birth.

(a) If payment of a specific premium or subscription fee is required to provide coverage for a child, the policy or contract may require that notification of the birth of a newly-born child, and payment of the required premium or fees, must be furnished to the insurer or non-profit service or indemnity corporation within thirty-one days after the date of birth in order to have the coverage continued beyond such thirty-one-day period.

Section 2. Amend Chapter 35, Part 1, Title 18 of the Delaware Code, by adding thereto a new section, designated as §3510, which new section shall read as follows:

§3510. New-Born Children

All group and blanket health insurance policies providing coverage for a family member of the insured or a subscriber shall, as to such family member's coverage, also provide that the health insurance benefits applicable for children shall be payable with the respect to a newly-born child of the insured or subscriber from the moment of birth in accordance with the provisions of §3336 of this Title.

Section 3. The provisions of this Act, excepting policies presently in being, shall become effective upon signature by the Governor. Contracts delivered or issued for delivery in this State more than 120 days after such effective date shall conform with this Act on the anniversary date or renewal date of each policy.

Section 4. If any provision of this Act of the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to that end the provisions of this Act are declared to be severable.

Approved July 26, 1974.