Enrolling of child as eligible dependent in health benefit plan, withholding of contributions
When a court orders a parent to provide health insurance for their child, the parent's employer or union must sign the child up for the health plan and take the cost out of the parent's paycheck. If the parent won't fill out the paperwork, the other parent or the state agency can do it instead. A health plan cannot refuse to cover a child just because the child's parents were not married. The child stays on the plan until a court says otherwise or until the plan's maximum age limit is reached.
454.618. Enrolling of child as in , of — of and — or restriction of coverage, prohibited, when. — 1. Upon receipt of the court or , or notice, for , or upon of the that , the employer or union shall take necessary to enroll the child as an eligible dependent in the health benefit plan and, upon enrollment, withhold any required employee or from the obligor's income or wages necessary for the coverage of the child and send any amount withheld directly to the . If more than one health benefit plan is offered by the employer or union, the minor child shall be in the plan in which the obligor is enrolled. When one or more plans are available and the obligor is not enrolled in a plan that covers or is not enrolled in any plan, the minor child and the obligor if necessary shall be enrolled under the least costly plan that provides to the area where the child resides if the order or notice for health benefit plan coverage is not a issued by the or of another state. If the notice for health benefit plan coverage is a National Medical Support Notice issued by the division or IV-D agency of another state, the health benefit plan administrator shall provide to the copies of the applicable plan descriptions or other documents that describe available coverage, including the additional participant contribution necessary to obtain coverage for the child under each option and whether there is a limited service area for any option. The issuing agency, in consultation with the , must promptly select from the available plan options. If the issuing agency does not make such selection within twenty business days from the date the provided the option, the plan administrator shall enroll the child in the plan's option, if any. If the plan does not have a default option, the plan administrator shall enroll the child in the option selected by the issuing agency.
2. In those instances where the obligor fails or refuses to execute any document necessary to enroll the minor child in the health benefit plan ordered by the court, the required information and authorization may be provided by the division or the custodial parent or of the minor child.
3. Information and authorization provided by the division or the custodial parent or guardian of the minor child shall be valid for the purpose of meeting enrollment requirements of the health benefit plan and shall not affect the obligation of the employer or union and the to enroll the minor child in the health benefit plan for which other eligibility, enrollment, terms and other requirements are met. However, any health benefit plan provision which denies or restricts coverage to a minor child of the obligor due to birth out of wedlock shall be .
4. A minor child that an obligor is required to cover as an eligible dependent pursuant to sections 454.600 to 454.645 shall be considered for health benefit plan coverage purposes as a of the obligor until the child's right to terminates or until further order of the court, but in no event past the limiting age set forth in the health benefit plan.
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Source & history notes
(L. 1993 S.B. 253 § 9, A.L. 1994 H.B. 1491 & 1134, A.L. 2002 S.B. 923, et al.)
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