Senate Bill No. 284
(By Senators Bailey, Blatnik, Lucht, Yoder,
Burdette, Mr. President, Humphreys, Wiedebusch, Dalton,
Boley, Macnaughtan, Schoonover, Manchin, Ross and Jones)
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[Introduced February 7, 1994;
referred to the Committee on Banking and Insurance.]
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A BILL to amend and reenact section sixteen, article fifteen,
chapter thirty-three of the code of West Virginia, one
thousand nine hundred thirty-one, as amended; and to amend
and reenact section eleven, article sixteen of said chapter,
all relating to individual and group insurance coverage for
infants.
Be it enacted by the Legislature of West Virginia:
That section sixteen, article fifteen, chapter thirty-three
of the code of West Virginia, one thousand nine hundred thirty-
one, as amended, be amended and reenacted; and that section
eleven, article sixteen of said chapter be amended and reenacted,
all to read as follows:
ARTICLE 15. ACCIDENT AND SICKNESS INSURANCE.
§33-15-16. Policies not to exclude insured's children from
coverage.
An insurer issuing accident and sickness policies in this
state shall provide coverage for the child or children of the
insured without regard to the amount of child support ordered to
be paid or actually paid by the insured, if any, and without
regard to the fact that the insured may not have legal custody of
the child or children or that the child or children may not be
residing in the home of the insured.
An insurer issuing accident and sickness policies in this
state shall provide coverage for the child or children of the
insured in cases of adoption from the time legal custody
commences, without regard to the fact that the child or children
may not arrive in the home of the insured until a later date.
ARTICLE 16. GROUP ACCIDENT AND SICKNESS INSURANCE.
§33-16-11. Group policies not to exclude insured's children from
coverage.
An insurer issuing group accident and sickness policies in
this state shall provide coverage for the child or children of
each employee or member of the insured group without regard to
the amount of child support ordered to be paid or actually paid
by such employee or member, if any, and without regard to the
fact that the employee or member may not have legal custody of
the child or children or that the child or children may not be
residing in the home of the employee or member.
An insurer issuing group accident and sickness policies in
this state shall provide coverage for the child or children of
each employee or member of the insured group in cases of adoptionfrom the time legal custody commences, without regard to the fact
that the child or children may not arrive in the home of the
employee or member of the insured group until a later date.
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(NOTE: The purpose of this bill is to provide insurance
coverage for adopted children from the time the adoptive parents
obtain legal custody.)