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S.B. 130 Enrolled
AN ACT RELATING TO INSURANCE; EXTENDING FROM 30 DAYS TO 90 DAYS THE
PERIOD DURING WHICH A CHILD MUST BE PLACED WITH AN ADOPTIVE PARENT
FOR THE PARENT TO QUALIFY FOR AN ADOPTION INDEMNITY BENEFIT; AND
MAKING TECHNICAL CHANGES.
This act affects sections of Utah Code Annotated 1953 as follows:
31A-22-610.1, as last amended by Chapter 329, Laws of Utah 1998
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 31A-22-610.1 is amended to read:
31A-22-610.1. Adoption indemnity benefit.
(1) (a) If an insured has coverage for maternity benefits on the date of an adoptive
placement, the insured's policy shall provide an adoption indemnity benefit payable to the insured,
(b) An insurer that has paid the adoption indemnity benefit under Subsection (1)(a) may
seek reimbursement of the benefit if:
(i) the postplacement evaluation disapproves the adoption placement; and
(ii) a court rules the adoption may not be finalized because of an act or omission of an
adoptive parent or parents that affects the child's health or safety.
(c) The commissioner shall:
(i) establish, by rule, the amount of the adoption indemnity benefit provided under
Subsection (1) at a minimum of $2,500; and
(ii) review the amount of the adoption indemnity benefit every two years to make any
necessary and reasonable adjustments, taking into account the average insurance cost of an
(d) Each insurer shall pay its pro rata share of the adoption indemnity benefit if each
(i) has coverage for maternity benefits with a different insurer; and
(ii) makes a claim for the adoption indemnity benefit provided in Subsection (1)(a).
(2) If a policy offers optional maternity benefits, it shall also offer coverage for adoption
indemnity benefits if:
(b) the adoption is finalized within one year of the child's birth.
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