NORTH CAROLINA GENERAL ASSEMBLY

1969 SESSION

CHAPTER 745

HOUSE BILL 1110

AN ACT RELATING TO ACCIDENT AND HEALTH INSURANCE POLICIES, MEDICAL SERVICE POLICIES AND HOSPITAL SERVICE POLICIES AND PROVIDING THAT COVERAGE UNDER SUCH POLICIES SHALL CONTINUE AS TO MENTALLY RETARDED CHILDREN WHO HAVE PASSED THE LIMITING AGE FOR DEPENDENT CHILDREN.

The General Assembly of North Carolina do enact:

Section 1.  Article 26 of Chapter 58 of the General Statutes is hereby amended by inserting after the present Section 58-251.2 a new section to be designated as 58-251.3 and reading as follows:

"G.S. 58-251.3.  Policy coverage to continue as to mentally retarded children. An individual accident and health insurance policy, hospital service policy, or medical service plan policy, delivered or issued for delivery in this State after July 1, 1969, which provides that coverage of a dependent child shall terminate upon attainment of the limiting age for dependent children specified in the policy or contract, shall also provide in substance that attainment of such limiting age shall not operate or terminate the coverage of such child while the child is and continues to be (a) incapable of self-sustaining employment by reason of mental retardation or physical handicap; and (b) chiefly dependent upon the policyholder or subscriber for support and maintenance: Provided, proof of such incapacity and dependency is furnished to the insurer, hospital service plan corporation, or medical service plan corporation by the policyholder or subscriber within 31 days of the child's attainment of the limiting age and subsequently as may be required by the insurer or corporation, but not more frequently than annually after the child's attainment of the limiting age."

Sec. 2.  This Act shall apply to medical service plan policies and hospital service plan policies issued under provisions of Chapter 57 as fully as the same applies to accident and health policies issued under Chapter 58 of the General Statutes.

Sec. 3.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 4.  This Act shall be effective upon ratification.

In the General Assembly read three times and ratified, this the 9th day of June, 1969.