A group health 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 of an employee or other member of the covered group 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:

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

   (2) Chiefly dependent upon the employee or member 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 certificateholder or subscriber has the burden of establishing that the child continues to meet the criteria specified in subsections (1) and (2).

s. 1, ch. 70-187; s. 3, ch. 76-168; s. 1, ch. 77-457; ss