§ 36-6057. Denial under policy coverage as void – Compliance with act.  


Latest version.
  • A.  Any provision, exclusion or limitation in an accident and health insurance policy which:

    1.  Denies an insured, or the insured's parent or guardian if the insured is a minor, the free choice of any practitioner or the use of any hospital, home care agency or ambulatory surgical center where the practitioner is authorized to practice, doctor's office or clinic; or

    2.  Otherwise conflicts with any provision of the Health Care Freedom of Choice Act,

    shall, to the extent of the denial or conflict, be void, but such voidance shall not affect the validity of the other provisions of the policy.

    B.  Any policy form presently approved for use containing any provision, exclusion or limitation determined by the Insurance Commissioner to be in conflict with any provision of the Health Care Freedom of Choice Act shall be brought into compliance with the act by the filing of a rider, an endorsement, or a new or revised policy form approved by the Commissioner.

Added by Laws 1971, c. 183, § 7.  Amended by Laws 1989, c. 37, § 4, eff. Nov. 1, 1989; Laws 1996, c. 76, § 4, eff. Nov. 1, 1996; Laws 1999, c. 331, § 5, eff. Nov. 1, 1999.