AN ACT Relating to health care insurance for dependent children; and amending RCW 48.20.430, 48.21.155, 48.44.212, and 48.46.250.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. Section 1, chapter 139, Laws of 1974 ex. sess. as amended by section 18, chapter 32, Laws of 1983 1st ex. sess. and RCW 48.20.430 are each amended to read as follows:

(1) Any disability insurance contract providing hospital and medical expenses and health care services, delivered or issued for delivery in this state more than one hundred twenty days after ((~~February 16, 1974~~)) the effective date of this section, which provides coverage for dependent children of the insured, shall provide coverage for newborn infants of the insured from and after the moment of birth. Coverage provided in accord with this section shall include, but not be limited to, coverage for congenital anomalies of such infant children from the moment of birth and such coverage shall include both full rehabilitative and full habilitative services.

(2) If payment of an additional premium is required to provide coverage for a child, the contract may require that notification of birth of a newly born child and payment of the required premium must be furnished to the insurer. The notification period shall be no less than sixty days from the date of birth. This subsection applies to policies issued or renewed on or after January 1, 1984.

(3) In addition to the remedies under chapter 48.30 RCW, a person so injured may recover actual damages together with the costs of the suit, including a reasonable attorney's fee. The court may in its discretion, increase the award of damages to an amount not to exceed three times the actual damages sustained, but such increased award for damages shall not exceed ten thousand dollars.

Sec. 2. Section 2, chapter 139, Laws of 1974 ex. sess. as amended by section 20, chapter 32, Laws of 1983 1st ex. sess. and RCW 48.21.155 are each amended to read as follows:

(1) Any group disability insurance contract except blanket disability insurance contract, providing hospital and medical expenses and health care services, renewed, delivered or issued for delivery in this state more than one hundred twenty days after ((~~February 16, 1974~~)) the effective date of this section, which provides coverage for the dependent children of persons in the insured group, shall provide coverage for newborn infant children of persons in the insured group from and after the moment of birth. Coverage provided in accord with this section shall include, but not be limited to, coverage for congenital anomalies of such infant children from the moment of birth and such coverage shall include both full rehabilitative and full habilitative services.

Sec. 3. Section 3, chapter 139, Laws of 1974 ex. sess. as last amended by section 1, chapter 4, Laws of 1984 and RCW 48.44.212 are each amended to read as follows:

(1) Any health care service plan contract under this chapter delivered or issued for delivery in this state more than one hundred twenty days after ((~~February 16, 1974~~)) the effective date of this section, which provides coverage for dependent children of the insured or covered group member, shall provide coverage for newborn infants of the insured or covered group member from and after the moment of birth. Coverage provided in accord with this section shall include, but not be limited to, coverage for congenital anomalies of such infant children from the moment of birth and such coverage shall include both full rehabilitative and full habilitative services.

(2) If payment of an additional premium is required to provide coverage for a child, the contract may require that notification of birth of a newly born child and payment of the required premium must be furnished to the contractor. The notification period shall be no less than sixty days from the date of birth. This subsection applies to policies issued or renewed on or after January 1, 1984.

Sec. 4. Section 12, chapter 202, Laws of 1983 as amended by section 2, chapter 4, Laws of 1984 and RCW 48.46.250 are each amended to read as follows:

(1) Any health maintenance agreement under this chapter issued more than one hundred twenty days after the effective date of this section which provides coverage for dependent children of the enrolled participant shall provide the same coverage for newborn infants of the enrolled participant from and after the moment of birth. Coverage provided under this section shall include, but not be limited to, coverage for congenital anomalies of such children from the moment of birth and such coverage shall include both full rehabilitative and full habilitative services.

(2) If payment of an additional premium is required to provide coverage for a child, the agreement may require that notification of birth of a newly born child and payment of the required premiums must be furnished to the health maintenance organization. The notification period shall be no less than sixty days from the date of birth. This subsection applies to agreements issued or renewed on or after January 1, 1984.