                                 CODE OF VIRGINIA

COVERAGE OF ADOPTED CHILDREN REQUIRED (§ 38.2-3411.2)

A. Notwithstanding the provisions of &#xA7; 38.2-3419, each insurer proposing to
issue individual or group accident and sickness insurance policies providing
hospital, medical and surgical or major medical coverage on an expense incurred
basis, each corporation providing individual or group accident and sickness
subscription contracts, and each health maintenance organization providing a
health care plan for health care services that offers coverage for a family
member of the insured, subscriber, or plan enrollee, shall, as to the family
members&#8217; coverage, also provide that the accident and sickness insurance
benefits applicable for children shall be payable with respect to adopted
children of the insured, subscriber, or plan enrollee.

B. The coverage of such policy, subscription, or plan, applicable to family
members of the insured, subscriber or enrollee, shall apply in the same manner
and to the same but no greater extent to adopted children of the insured,
subscriber or enrollee.

C. An adopted child shall be eligible for the coverage required by this section
from the date of adoptive or parental placement with an insured, subscriber or
plan enrollee for the purpose of adoption; and, in addition as to a child whose
adoptive or parental placement has occurred within thirty-one days of birth,
such child shall be considered a newborn child of the insured, subscriber or
plan enrollee as of the date of adoptive or parental placement. Once coverage is
in effect, it shall continue according to the terms of the policy, subscription
contract, or plan, unless the said placement is disrupted prior to final decree
of adoption, and the child is removed from placement with the insured,
subscriber or plan enrollee.

D. If payment of a specific premium or subscription fee is required to provide
coverage for a child, the policy or subscription contract may require
notification of the placement of an adoptive child and payment of the required
premium or fees shall be furnished to the insurer issuing the policy or
corporation issuing the subscription contract within thirty-one days after the
date of parental or adoptive placement in order to have the coverage continue
beyond the thirty-one-day period.

E. No insurer, health services plan or health maintenance organization shall
restrict coverage for any dependent child adopted or placed for adoption solely
because of a preexisting condition of such child at the time that such child
would otherwise become eligible for coverage under the plan.

HISTORY: 1991, c. 103; 1994, c. 213.