Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Upon receipt of a completed National
Medical Support Notice, Part A, from an obligor's employer indicating that
court-ordered health insurance coverage for the minor child(ren) cannot be
provided, a local child support agency shall:
(1) Provide written notification to the
obligor within 10 business days of receipt of Part A that other group health
insurance coverage must be provided when it is available at no or reasonable
cost.
(2) Provide written
notification to the obligee within 10 business days of receipt of Part A that
the court-ordered health insurance coverage cannot be enforced for one of the
following reasons:
(A) The obligor's employer
does not maintain or contribute to a plan providing dependent or family health
care coverage.
(B) The obligor is
among a class of employees ineligible for family health coverage under any
group health plan maintained by the employer or to which the employer
contributes.
(C) The obligor is no
longer employed by the employer.
(D) State or federal withholding limitations
prevent withholding from the obligor's disposable earnings the amount required
to obtain coverage under the terms of the employer's group health insurance
plan.
(3) Request written
or oral notification from the obligor's employer within 15 days of any change
in status or circumstance which would result in the eligibility of the
obligor's child(ren) for health insurance coverage.
(b) Upon receipt of a completed National
Medical Support Notice, Part B, indicating that the minor child(ren) of the
obligor is/are, or will be enrolled under the obligor's health insurance
coverage, a local child support agency shall take the action required by
Section 116114(d), if the
obligor's child(ren) is/are receiving Title IV-A or IV-E services.
(c) Upon receipt of a completed National
Medical Support Notice, Part B, from a Plan Administrator indicating there is
more than one option available under a health insurance coverage plan, and the
obligor is not enrolled in any option under the plan or refuses to enroll in
one of the options, a local child support agency shall:
(1) Provide written notification to the
obligee within five business days of receipt of Part B of all of the following:
(A) A description of the health insurance
coverage plan options available through the obligor's employment, including
whether additional contributions will be necessary by the obligor to obtain
coverage for the child(ren) under each option, and whether there is a limited
service area for any option.
(B)
Notice that the obligee must select a plan for the child(ren) from the
available health insurance plans within 10 days of receipt of the written
notification from the local child support agency.
(C) Notice that failure by the obligee to
select a health insurance coverage plan option within 10 days of receipt of the
written notification from the local child support agency will result in
enrollment of the child(ren) in the default option, if any.
(D) Notice that if the plan does not have a
default option the local child support agency shall determine and select the
available plan that will provide the lowest cost plan that provides coverage
where the child resides.
(2) Provide written notification to the Plan
Administrator, within 20 business days after the postmark date of the receipt
of Part B, of the option selected by the obligee or the local child support
agency.
(d) Upon receipt
of a completed National Medical Support Notice, Part B, indicating that the
notice does not constitute a qualified medical child support order because:
(1) The name or mailing address of the minor
child(ren) or obligor is unavailable, a local child support agency shall take
all actions necessary to obtain missing information, including accessing all
appropriate locate sources specified in Section
113100, and resubmit a National
Medical Support Notice to the Plan Administrator within five business days
after obtaining all necessary information.
(2) The child(ren) identified in the notice
is/are at or above the age at which dependents are no longer eligible for
coverage under the plan, a local child support agency shall verify the
information provided to the Plan Administrator is correct within five business
days of the receipt of the completed Part B.
(A) If erroneous information pertaining to
the age of the child(ren) was provided, a local child support agency shall
inform the Plan Administrator in writing, by telephone, or electronic means of
the error and provide documentation to the Plan Administrator verifying the age
of the child(ren) within five business days of the receipt of the completed
Part B.
(B) If the child(ren)
is/are at or above the age at which dependents are no longer eligible for
coverage under the plan, a local child support agency shall provide written
notification of such to the obligee within five business days of receipt of the
completed Part B.
(e) A local child support agency shall
provide written notification to an obligee within five business days of
receiving notice from a Plan Administrator of any lapse of health insurance
coverage for the minor child(ren).
1. New
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 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 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
3751.5,
3752(c),
3766,
3773,
17422 and
17424(b),
Family Code; and 45 Code of Federal Regulations, Section
303.32.
