25-535

25-535. Enforcement of health insurance
coverage; medical support notice; administrative review

A. In a title IV-D case, a parent who is required by an administrative or court
order to provide health insurance coverage for a child shall provide the department or
its agent with the name of the health insurance coverage plan under which the child is
covered, the effective date of the coverage, a description of the coverage, the name of
the employer and any other necessary information, forms or documents related to the
health insurance coverage as provided to all new members within thirty days after the
support order is established.

B. If an administrative or court order requires a parent to obtain health insurance
coverage for the parent's child, the department or its agent may deliver by first class
mail to the obligated parent's employer a medical support notice to enroll the child in
an insurance program as prescribed by that order. The department or its agent shall use
the medical support notice to enroll prescribed by the United States secretary of health
and human services pursuant to 42 United States Code section 651. The employer shall
deliver or mail by first class mail or by electronic means a copy of the medical support
notice to enroll to the obligated parent within ten days after the employer receives the
notice. The notice serves to enroll the child in the obligated parent's health insurance
coverage plan. That parent may contest the notice by filing a written request for an
administrative review within ten days after the parent receives a copy of the notice from
the employer. The department shall conduct an administrative review pursuant to section
25-522. If a parent contests the notice, the department or its agent shall notify the
employer by first class mail or electronic means that the parent has contested the
medical support notice to enroll. The employer shall send the employee contributions
until the department notifies the employer to cease withholding. An administrative review
is limited to determining if:

1. Medical support is unlawful or inconsistent with an administrative or court
order.

2. A mistaken identity exists.

3. The responsible party pursuant to the order provides alternative coverage.

4. The other parent is already providing medical insurance for the child pursuant
to court order.

5. The cost of the insurance coverage is reasonable as prescribed pursuant to
section 25-320, subsection J.

C. If an employee on whom an income withholding order or order of assignment and
notice is served is a new employee who is entered into the state directory of new hires
pursuant to section 23-722.01, the department or its agent shall provide the medical
support notice to enroll to the obligated parent's employer within two days after the
date of entry in the state directory of new hires unless the responsible party pursuant
to the order provides alternative coverage.

D. If the obligated parent who is required by a court or an administrative order to
obtain health insurance coverage changes employment and the new employer is known to the
department or its agent, the department or its agent shall use the medical support notice
to enroll to transfer notice to the new employer. Within thirty days after the obligated
parent changes employment the obligated parent shall provide the department or its agent
with the name of the health insurance coverage plan under which the child is covered, the
effective date of the coverage, a description of the coverage, the name of the employer
and any other necessary information, forms or documents related to the health insurance
coverage as provided to all new members. Within twenty business days after it receives
the medical support notice to enroll the employer shall transfer the notice to the
appropriate health insurance plan that provides coverage for which the child is eligible.

E. A medical support notice to enroll has the same effect as an enrollment
application that is signed by the parent.

F. If the employer does not have existing dependent coverage when it receives the
medical support notice to enroll, the employer is not required to create this coverage.
The employer shall notify the department or its agent of this fact within ten days after
receiving the medical support notice to enroll.