Prohibition Against Denial of Enrollment

(a) An insurer shall not deny enrollment of a child who is the subject of a medical support order under the health coverage of the child's parent on the ground that the child:

(1) has a preexisting condition;

(2) was born out of wedlock;

(3) is not claimed as a dependent on the parent's federal income tax return;

(4) does not reside with the parent or in the insurer's service area; or

(5) is or has been an applicant for or recipient of medical assistance.

(b) This section does not prohibit an insurer from enforcing otherwise applicable policy provisions, such as waiting period limitations or other applicable limitations on preexisting conditions so long as such provisions are in accordance with federal and state law.

Source Note: The provisions of this §21.2002 adopted to be effective May 8, 1997, 22 TexReg 3799.