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(a) A health plan that provides coverage to a Minnesota resident must cover adopted
children of the insured, subscriber, participant, or enrollee on the same basis as other dependents.
Consequently, the plan shall not contain any provision concerning preexisting condition
limitations, insurability, eligibility, or health underwriting approval concerning children placed for
adoption with the participant.
(b) The coverage required by this section is effective from the date of placement for adoption.
For purposes of this section, placement for adoption means the assumption and retention by a
person of a legal obligation for total or partial support of a child in anticipation of adoption
of the child. The child's placement with a person terminates upon the termination of the legal
obligation for total or partial support.
(c) For the purpose of this section, health plan includes:
(1) coverage offered by community integrated service networks;
(2) coverage that is designed solely to provide dental or vision care; and
(3) any plan under the federal Employee Retirement Income Security Act of 1974 (ERISA),
United States Code, title 29, sections 1001 to 1461.
(d) No policy or contract covered by this section may require notification to a health carrier
as a condition for this dependent coverage. However, if the policy or contract mandates an
additional premium for each dependent, the health carrier is entitled to all premiums that would
have been collected had the health carrier been aware of the additional dependent. The health
carrier may withhold payment of any health benefits for the new dependent until it has been
compensated with the applicable premium which would have been owed if the health carrier had
been informed of the additional dependent immediately.
History: 1983 c 56 s 1; 1985 c 49 s 41; 1987 c 337 s 53; 1988 c 656 s 4; 1995 c 207 art 10 s
4; 1997 c 225 art 2 s 62; 2003 c 2 art 1 s 7; 2006 c 255 s 11

Official Publication of the State of Minnesota
Revisor of Statutes