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The Florida Senate

2009 Florida Statutes

Handicapped children; continuation of coverage.
Section 627.6041, Florida Statutes 2009

627.6041  Handicapped children; continuation of coverage.--A hospital or medical expense insurance policy or health care services plan contract that is delivered or issued for delivery in this state and that provides that coverage of a dependent child will terminate upon attainment of the limiting age for dependent children specified in the policy or contract shall also provide in substance that attainment of the limiting age does not terminate the coverage of the child while the child continues to be both:

(1)  Incapable of self-sustaining employment by reason of mental retardation or physical handicap; and

(2)  Chiefly dependent upon the policyholder or subscriber for support and maintenance.

If a claim is denied under a policy or contract for the stated reason that the child has attained the limiting age for dependent children specified in the policy or contract, the notice of denial must state that the policyholder has the burden of establishing that the child continues to meet the criteria specified in subsections (1) and (2).

History.--s. 1, ch. 70-187; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 453, 497, 809(2nd), ch. 82-243; s. 79, ch. 82-386; s. 18, ch. 83-288; ss. 122, 149, ch. 92-33; s. 114, ch. 92-318.

Note.--Former s. 627.6055.