West Virginia Code § 33-16-11

Group policies not to exclude insured's children from coverage; required
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services; coordination with other insurance.
(a) 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 memeber 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. r
(b) An insurer issuing group accident and sickness policies in thius state shall provide benefits
to dependent children placed with participants or beneficiaries for adoption under the same
terms and conditions as apply to natural, dependent childrent of participants and
beneficiaries, irrespective of whether the adoption has become final.
(c) An insurer shall not deny enrollment of a child under the health plan of the child's parent
on the grounds that: l
(1) The child was born out of wedlock;
(2) The child is not claimed as a dependent on the parent's federal tax return; or
(3) The child does not reside with the parent or in the insurer's service area.
(d) Where a child has health coverage through an insurer of a noncustodial parent the
insurer shall:
(1) Provide such info rmation to the custodial parent as may be necessary for the child to
obtain benefits through that coverage;
(2) Permit the custodial parent, or the provider, with the custodial parent's approval, to
subWmit claims for covered services without the approval of the noncustodial parent; and
(3) Make payments on claims submitted in accordance with subdivision (2) of this subsection
directly to the custodial parent, the provider or the state Medicaid agency: Provided, That
upon payment to the custodial parent, the provider or the state Medicaid agency the
insurer's obligation to the noncustodial parent under the policy with respect to the covered
child's claims shall be fully satisfied.
(e) Where a parent is required by court or administrative order to provide health coverage
for a child, and the parent is eligible for family health coverage, the insurer shall:
(1) Permit the parent to enroll, under the family coverage, a child who is otherwise eligible
for the coverage without regard to any enrollment season restrictions;
(2) If the parent is enrolled but fails to make application to obtain coverage for the child,
enroll the child under family coverage upon application of the child's other parent, the state
agency administering the Medicaid program or the state agency administering 42 U.S.C.
§651 through §669, the child support enforcement program; and
(3) Not disenroll or eliminate coverage of the child unless the insurer is provided satisfactory
written evidence that:
(A) The court or administrative order is no longer in effect; or
(B) The child is or will be enrolled in comparable health coverage through another insurer
which will take effect not later than the effective date of disenroullment.

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