Coverage for nonexperimental, surgical treatment of morbid obesity

Sec. 4. (a) Except as provided in subsection (b), an insurer that issues an accident and sickness insurance policy shall offer coverage for nonexperimental, surgical treatment by a health care provider of morbid obesity: (1) that has persisted for at least five (5) years; and (2) for which nonsurgical treatment that is supervised by a physician has been unsuccessful for at least six (6) consecutive months. (b) An insurer that issues an accident and sickness insurance policy may not provide coverage for a surgical treatment of morbid obesity for an insured who is less than twenty-one (21) years of age unless two (2) physicians licensed under IC 25-22.5 determine that the surgery is necessary to: (1) save the life of the insured; or (2) restore the insured's ability to maintain a major life activity (as defined in IC 4-23-29-6); and each physician documents in the insured's medical record the reason for the physician's determination.