By Mr. Kafka of Stoughton, petition (accompanied by bill, House, No. 981) of Louis L. Kafka and others relative to the health insurance of children of divorced parents.  Financial Services.

The Commonwealth of Massachusetts

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PETITION OF:

Louis L. Kafka

William C. Galvin

Anthony J. Verga

Lida E. Harkins

Kathi-Anne Reinstein

Christine E. Canavan

Martha M. Walz

Barbara A. L'Italien

Jennifer M. Callahan

Thomas P. Kennedy

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In the Year Two Thousand and Seven.

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An Act relative to the health insurance of children of divorced parents.

    Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1.

Notwithstanding any general or special law to the contrary, Chapter 1751 of the Massachusetts General Laws, as appearing in the 1996 Official Edition, shall be amended by adding at the end thereof the following section:-

Section 23. If a child is covered under a health insurance policy issued to the child’s non-custodial parent, the issuer of the policy shall do all of the following:

(1) Provide necessary information and/or documents to the child’s custodial parent or legal guardian to enable the child to obtain benefits under the health insurance policy.

(2) Permit the child’s custodial parent or legal guardian (or the provider, with the custodial parent’s or legal guardian’s approval) to submit claims for payment for covered services without the approval of the non-custodial parent.

(3) Make payments on claims submitted in accordance with paragraph (2) directly to the custodial parent or legal guardian, the provider of the health care services, or the state Medicaid agency.

(4) Provide written notification of policy adjustment or termination to the child’s custodial parent or legal guardian concurrent with notification to the policyholder.