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62A.042 FAMILY COVERAGE; COVERAGE OF NEWBORN INFANTS.
    Subdivision 1. Individual family policies. (a) No policy of individual accident and
sickness insurance which provides for insurance for more than one person under section 62A.03,
subdivision 1
, clause (3), and no individual health maintenance contract which provides for
coverage for more than one person under chapter 62D, shall be renewed to insure or cover any
person in this state or be delivered or issued for delivery to any person in this state unless the
policy or contract includes as insured or covered members of the family any newborn infants
immediately from the moment of birth and thereafter which insurance or contract shall provide
coverage for illness, injury, congenital malformation, or premature birth. For purposes of this
paragraph, "newborn infants" includes grandchildren who are financially dependent upon a
covered grandparent and who reside with that covered grandparent continuously from birth. 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 shall be 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.
(b) The coverage under paragraph (a) includes benefits for inpatient or outpatient expenses
arising from medical and dental treatment up to the limiting age for coverage of the dependent,
including orthodontic and oral surgery treatment, involved in the management of birth defects
known as cleft lip and cleft palate. Benefits for individuals age 19 up to the limiting age for
coverage of the dependent are limited to inpatient or outpatient expenses arising from medical
and dental treatment that was scheduled or initiated prior to the dependent turning age 19. If
orthodontic services are eligible for coverage under a dental insurance plan and another policy or
contract, the dental plan shall be primary and the other policy or contract shall be secondary in
regard to the coverage required under paragraph (a). Payment for dental or orthodontic treatment
not related to the management of the congenital condition of cleft lip and cleft palate shall not be
covered under this provision.
    Subd. 2. Group policies. (a) No group accident and sickness insurance policy and no group
health maintenance contract which provide for coverage of family members or other dependents
of an employee or other member of the covered group shall be renewed to cover members of a
group located in this state or delivered or issued for delivery to any person in this state unless the
policy or contract includes as insured or covered family members or dependents any newborn
infants immediately from the moment of birth and thereafter which insurance or contract shall
provide coverage for illness, injury, congenital malformation, or premature birth. For purposes of
this paragraph, "newborn infants" includes grandchildren who are financially dependent upon
a covered grandparent and who reside with that covered grandparent continuously from birth.
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 shall be entitled to all premiums that would have
been collected had the health carrier been aware of the additional dependent. The health carrier
may reduce the health benefits owed to the insured, certificate holder, member, or subscriber by
the amount of past due premiums applicable to the additional dependent.
(b) The coverage under paragraph (a) includes benefits for inpatient or outpatient expenses
arising from medical and dental treatment up to the limiting age for coverage of the dependent,
including orthodontic and oral surgery treatment, involved in the management of birth defects
known as cleft lip and cleft palate. Benefits for individuals age 19 up to the limiting age for
coverage of the dependent are limited to inpatient or outpatient expenses arising from medical
and dental treatment that was scheduled or initiated prior to the dependent turning age 19. If
orthodontic services are eligible for coverage under a dental insurance plan and another policy or
contract, the dental plan shall be primary and the other policy or contract shall be secondary in
regard to the coverage required under paragraph (a). Payment for dental or orthodontic treatment
not related to the management of the congenital condition of cleft lip and cleft palate shall not be
covered under this provision.
History: 1973 c 303 s 1; 1984 c 464 s 3; 1988 c 656 s 1; 1995 c 258 s 22; 1996 c 446 art 1
s 23; 2004 c 288 art 3 s 3

Official Publication of the State of Minnesota
Revisor of Statutes