ALBANY, N.Y., November 2 – Oxford Health Plans reached an agreement with Attorney General Eliot Spitzer, resulting in their coverage of adopted children who do not reside with the parent or in the plans service area. The agreement followed an investigation by the Attorney General of the extent of Oxfords coverage.

According to Paul Maslack, president and CEO of the New York Health Plan Association, the case arose due to a misunderstanding " between the Attorney Generals Office and Oxford Health " of state law which provides that all insurers and health plans cannot deny a child enrollment in a family policy on the grounds that the child does not reside with the parent or in the plans service area.

Thus, there was no fine or other legal action taken by the Attorney General, as both parties involved thought that Oxford was following the law, said Maslack.

According to Marc Violette, spokesman for the Attorney General, the case was initiated 18 months ago, after Spitzer received a handful of complaints from parents seeking to adopt children from China who claimed that their potential adopted children could not be enrolled for coverage. The complaints caused Spitzer to look into the coverage in more detail, said Violette. The Oxford Health Plan was the only health care plan under investigation in the case, because it was the only plan that received complaints.

The coverage for adopted children residingoverseas would be for emergency or urgent care visits only, said Maslack. Any elective procedure [is] not going to be covered.

When asked if the extent of all health plan coverage in New York was under investigation, Andy Mais, spokesman for the New York State Insurance Department, stated that it is monitored as it comes up under the policy, because each health care policy is different.

However, Mais said that in New York, health plans that do provide for coverage outside of the country cannot discriminate between adopted and biological children.