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 116122 - Other Health Insurance Coverage

Universal Citation: 22 CA Code of Regs 116122

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

(a) If an order requiring an obligor to provide health insurance coverage for his/her minor child(ren) exists, and other group health insurance coverage is available, or the court ordered individual health insurance coverage, a local child support agency shall request in writing, proof of health insurance coverage from the obligor, or the entity providing other group health insurance. The request shall:

(1) Be made within 10 days of service of the order on the obligor requiring the provision of health insurance coverage; and

(2) Include a written statement of the obligor's right and the procedures under the law to seek to quash the order.

(b) Proof of health insurance coverage shall include, but not be limited to:

(1) The health insurance membership or identification card(s) for the child(ren).

(2) The evidence of coverage and disclosure form from the health insurance provider.

(3) Claim forms and other documents necessary to submit claims.

(4) Any other pertinent information provided to the obligor, or received from the entity providing other group health insurance coverage, about health insurance coverage for the child(ren).

(c) The local child support agency shall request in writing that the other group health insurance provider provide written notification to the local child support agency within 10 business days of any lapse in health insurance coverage for the minor child(ren) that includes all of the following information:

(1) The reason(s) for the lapse in health insurance coverage.

(2) Whether or not the lapse is temporary.

(3) The date upon which coverage is anticipated to resume, if the lapse is temporary.

(d) Within five business days of receipt of the information specified in subsection (b), a local child support agency shall provide the obligee with such information.

(e) A local child support agency shall review the case for civil or criminal prosecution of an obligor if the obligor has willfully failed to provide health insurance coverage as ordered by the court.

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, 3751.5 and 3752, Family Code.

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