1. (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. (1) that has persisted for at least five (5) years; and
   2. (2) for which nonsurgical treatment that is supervised by a physician has been unsuccessful for at least six (6) consecutive months.

2. (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. (1) save the life of the insured; or

   2. (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.

As added by P.L.78-2000, SEC.2. Amended by P.L.196-2005, SEC.5; P.L.102-2006, SEC.4.