California Code of Regulations
Title 22 - Social Security
Division 13 - Department of Child Support Services
Chapter 6 - Enforcement Actions
Subchapter 6.1 - Immediate Enforcement Actions
Article 2 - Medical Support Enforcement
Section 116114 - General Requirements

Universal Citation: 22 CA Code of Regs 116114

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) When a local child support agency determines that an existing support order for current support does not contain a health insurance coverage provision, except as provided in Subsection (b), the local child support agency shall concurrently:

(1) File a notice of motion or order to show cause with the court to include a health insurance coverage provision in the support order.

(2) Serve by first class mail, a blank form "Dependent's Health Insurance Information," CSS 4330, dated 04/02, incorporated by reference herein, on the obligor, along with written notification that the form shall be completed by the obligor and returned to the local child support agency within 20 days of the date of the notification.

(3) If an obligor's employer is known, serve by first class mail, a blank form "Employees' Dependent Health Insurance Information," CSS 4333, dated 04/02, incorporated by reference herein, on the employer, along with written notification that the form shall be completed by the employer and returned to the local child support agency within 30 days of the date of the notification.

(b) If an obligee in a non-Title IV-A case informs the local child support agency that there is private health insurance coverage for his or her child(ren) and does not want enforcement services for health insurance coverage, a local child support agency shall:

(1) Obtain health insurance coverage documentation pursuant to Section 116122, subsection (b)(1), (2), and (4) which shows that the minor child(ren) is currently covered by private health insurance.

(2) Document the evidence of health insurance coverage for the minor child(ren) in the case file.

(c) Upon receipt of a support order requiring an obligor to provide health insurance coverage, a local child support agency shall take the following actions:

(1) If health insurance coverage is available at a reasonable cost to the obligor's minor child(ren), a local child support agency shall:
(A) Comply with the requirements of Section 116116 for employment-related group health insurance coverage, or

(B) Comply with the requirements of Section 116122 for other group health insurance coverage.

(2) If health insurance coverage is not available at a reasonable cost to an obligor's minor child(ren), a local child support agency shall monitor the case for changes in the obligor's employment status, and/or availability of employment-related health insurance coverage, or other group health insurance.
(A) If information is received that the status of the obligor's employment has changed, or that employment-related health insurance coverage is available, a local child support agency shall serve the National Medical Support Notice, as specified in Section 116116.

(B) If information is received that other group health insurance may be available to an obligor, a local child support agency shall obtain proof of health insurance coverage for the child(ren), as specified in Section 116122.

(d) A local child support agency shall complete a "Medical Insurance Form," DHS 6110 for all Title IV-A or IV-E cases as required by Title 22, California Code of Regulations, Section 50765, and forward the form to the Department of Health Services, Third Party Liability Branch, within 10 business days of the date health insurance coverage enrollment information for the minor child(ren) has been received by the local child support agency.

(e) A local child support agency shall update the "Medical Insurance Form," DHS 6110 specified in subsection (d), and forward the form to the Department of Health Services, Third Party Liability Branch, within 10 business days of the date of notification of any of the following affecting a recipient of Title IV-A or IV-E services:

(1) Any health insurance coverage has lapsed.

(2) Any health insurance coverage provider has changed.

(3) Any term of the health insurance coverage has changed.

(4) Any health insurance coverage has been terminated.

(5) Any medical support order or assignment order has been quashed or set aside by court order.

(f) The local child support agency shall forward any health insurance policy information received from a Plan Administrator to the obligee within 10 business days of the receipt of such information. Health insurance policy information shall include the information specified in Section 116122(b).

(g) A local child support agency shall document the case record and include copies of the forms and notices required by this Article.

1. New article 2 (sections 116114-116124) and section filed 10-21-2002 as an emergency; operative 10-21-2002 (Register 2002, No. 43). Pursuant to Family Code section 17306(e), a Certificate of Compliance must be transmitted to OAL by 4-21-2003 or emergency language will be repealed by operation of law on the following day.
2. New article 2 (sections 116114-116124) and section refiled 4-3-2003 as an emergency; operative 4-21-2003 (Register 2003, No. 14). Pursuant to Family Code section 17306(e), a Certificate of Compliance must be transmitted to OAL by 10-20-2003 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 4-3-2003 order filed 10-17-2003; Certificate of Compliance withdrawn 12-1-2003 and repealer of section by operation of Government Code section 11346.1 (Register 2004, No. 19).
4. New article 2 (sections 116114-116124) and section filed 5-4-2004; operative 5-4-2004 by operation of Government Code section 11343.4 (Register 2004, No. 19).

Note: Authority cited: Sections 17306, 17310 and 17312, Family Code. Reference: Sections 3751, 3751.5, 3752, 3763, 3767, 3771, 3773, 17400(a), 17422 and 17424, Family Code; 22 California Code of Regulations, Section 50765; and 45 Code of Federal Regulations, Sections 303.31 and 303.32.

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