58-51-35. Insurers and others to afford coverage to children with an intellectual or physical disability.
(a) No insurance company licensed in this State pursuant to the provisions of Articles 1 through 64 of this Chapter and no corporation governed by the provisions of Articles 65 and 66 of this Chapter shall refuse to issue or deliver any individual or group accident and health insurance policy or hospital or medical service plan policy in this State which it is currently issuing for delivery in this State and which affords benefits or coverage for minor children of the applicant, by reason of an intellectual or physical disability of any minor children of the applicant; nor shall any such policy issued and delivered in this State carry a higher premium rate or charge or restrict or exclude coverage or benefits by reason of the intellectual or physical disability. The policy, however, may exclude benefits, otherwise payable for disability, hospitalization, or medical or other therapeutic expense directly and solely attributable to the intellectual or physical disability.
(b) The Commissioner shall revoke the license of any insurer or any corporation governed by the provisions of Articles 65 and 66 of this Chapter if it fails to comply with the provisions of this section.
(c) The provisions of this section apply to corporations governed by the provisions of Articles 65 and 66 of this Chapter. (1973, c. 754, ss. 1, 2; 1991, c. 720, s. 4; 2018-47, s. 7(b).)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 51 - Nature of Policies.
§ 58-51-1 - Form, classification and rates to be approved by Commissioner.
§ 58-51-10 - Right to return policy and have premium refunded.
§ 58-51-15 - Accident and health policy provisions.
§ 58-51-16 - Intoxicants and narcotics.
§ 58-51-17 - Portability for accident and health insurance.
§ 58-51-30 - Policies to cover newborn infants, foster children, and adopted children.
§ 58-51-37 - Pharmacy of choice.
§ 58-51-37.1 - Lock-in program for certain controlled substances.
§ 58-51-38 - Direct access to obstetrician-gynecologists.
§ 58-51-50 - Coverage for chemical dependency treatment.
§ 58-51-55 - No discrimination against mentally ill or chemically dependent individuals.
§ 58-51-57 - Coverage for mammograms and cervical cancer screening.
§ 58-51-58 - Coverage for prostate-specific antigen (PSA) tests.
§ 58-51-59 - Coverage of certain prescribed drugs for cancer treatment.
§ 58-51-60 - Meaning of term "preexisting conditions" in certain policies.
§ 58-51-61 - Coverage for certain treatment for diabetes.
§ 58-51-62 - Coverage for reconstructive breast surgery following mastectomy.
§ 58-51-63 - Coverage for abortions not allowed in plans offered through Exchange.
§ 58-51-65 - Industrial sick benefit insurance defined.
§ 58-51-70 - Industrial sick benefit insurance; provisions.
§ 58-51-75 - Blanket accident and health insurance defined.
§ 58-51-80 - Group accident and health insurance defined.
§ 58-51-81 - Group accident and health insurance for public school students.
§ 58-51-85 - Group or blanket accident and health insurance; approval of forms and filing of rates.
§ 58-51-90 - Definition of franchise accident and health insurance.
§ 58-51-95 - Approval by Commissioner of forms, classification and rates; hearing; exceptions.
§ 58-51-100 - Credit accident and health insurance.
§ 58-51-105 - Hospitalization insurance defined.
§ 58-51-110 - Renewal, discontinuance, or replacement of group health insurance.
§ 58-51-115 - Coordination of benefits with Medicaid.
§ 58-51-116 - ERISA plans may not require Medicaid to pay first.
§ 58-51-120 - Coverage of children.
§ 58-51-125 - Adopted child coverage.
§ 58-51-130 - Standards for disability income insurance policies.