Ohio § 3923.24

§ 3923.24.

(A) Notwithstanding section 3901.71 of the Revised Code , every certificate furnished by an insurer in connection with, or pursuant to any

provision of, any group sickness and accident insurance policy delivered, issued for

delivery, renewed, or used in this state on or after January 1, 1972, every policy

of sickness and accident insurance delivered, issued for delivery, renewed, or used

in this state on or after January 1, 1972, and every multiple employer welfare arrangement

offering an insurance program, which provides that coverage of an unmarried dependent

child of a parent or legal guardian will terminate upon attainment of the limiting

age for dependent children specified in the contract shall also provide in substance

both of the following: (1) Once an unmarried child has attained the limiting age for dependent children, as

provided in the policy, upon the request of the insured, the insurer shall offer to

cover the unmarried child until the child attains twenty-six years of age if all of

the following are true: (a) The child is the natural child, stepchild, or adopted child of the insured. (b) The child is a resident of this state or a full-time student at an accredited public

or private institution of higher education. (c) The child is not employed by an employer that offers any health benefit plan under

which the child is eligible for coverage. (d) The child is not eligible for the medicaid program or the medicare program. (2) That attainment of the limiting age for dependent children shall not operate to terminate

the coverage of a dependent child if the child is and continues to be both of the

following: (a) Incapable of self-sustaining employment by reason of an intellectual disability or

physical disability; (b) Primarily dependent upon the policyholder or certificate holder for support and maintenance. (B) Proof of such incapacity and dependence for purposes of division (A)(2) of this section

shall be furnished by the policyholder or by the certificate holder to the insurer

within thirty-one days of the child's attainment of the limiting age.  Upon request, but not more frequently than annually after the two-year period following

the child's attainment of the limiting age, the insurer may require proof satisfactory

to it of the continuance of such incapacity and dependency. (C) Nothing in this section shall require an insurer to cover a dependent child who has

an intellectual disability or physical disability if the contract is underwritten

on evidence of insurability based on health factors set forth in the application,

or if such dependent child does not satisfy the conditions of the contract as to any

requirement for evidence of insurability or other provision of the contract, satisfaction

of which is required for coverage thereunder to take effect.  In any such case, the terms of the contract shall apply with regard to the coverage

or exclusion of the dependent from such coverage.  Nothing in this section shall apply to accidental death or dismemberment benefits

provided by any such policy of sickness and accident insurance. (D) Nothing in this section shall do any of the following: (1) Require that any policy offer coverage for dependent children or provide coverage

for an unmarried dependent child's children as dependents on the policy; (2) Require an employer to pay for any part of the premium for an unmarried dependent

child that has attained the limiting age for dependents, as provided in the policy; (3) Require an employer to offer health insurance coverage to the dependents of any employee. (E)(1) This section does not apply to any policies or certificates covering only accident,

credit, disability income, long-term care, hospital indemnity, medicare supplement,

or specified disease;  coverage under a one-time-limited-duration policy that is less

than twelve months;  coverage issued as a supplement to liability insurance;  insurance

arising out of a workers' compensation or similar law;  automobile medical-payment

insurance;  or insurance under which benefits are payable with or without regard to

fault and that is statutorily required to be contained in any liability insurance

policy or equivalent self-insurance. (2) This section applies to policies or certificates providing coverage for dental care

or vision care services that are issued, renewed, or amended on or after January 1,

2024. (F) As used in this section, “health benefit plan” has the same meaning as in section 3924.01 of the Revised Code and also includes both of the following: (1) A public employee benefit plan; (2) A health benefit plan as regulated under the “Employee Retirement Income Security

Act of 1974,” 29 U.S.C. 1001, et seq.