40-5-818: Nonexclusion -- nondiscrimination by health benefit plan.

A health benefit plan may not deny or limit enrollment of an obligated parent's child or discriminate against a child because:

(1) the child is not claimed as a dependent on the obligated parent's state or federal income tax return or considered as a dependent for tax purposes;

(2) the child was born out of wedlock;

(3) the child does not reside with the obligated parent;

(4) the child does not reside in the health plan's service area. A plan that provides medical care at particular locations or geographic areas shall also provide comparable benefits for a child whose residence or location is elsewhere.

(5) the natural child of the obligated parent has a preexisting condition, unless the plan does not provide for enrollment or provides only for limited enrollment of children with preexisting conditions.