25-505.02. Insurance data exchange; withholding orders; immunity; definitions

A. Before remitting a payment under an insurance contract to a claimant whose claim is based on an accident or a loss that occurred in this state, an insurer authorized to transact insurance pursuant to title 20, chapter 2, article 1 may provide information to the department or its agent to ascertain whether a claimant owes any arrearage. An insurer may establish and revise at its discretion the dollar-amount threshold for claims at or above which it will report pursuant to this section.

B. The department or its agent shall establish an insurance industry data match reporting system that is operated by the department or its agent and use data exchanges to compare claimant information held by insurers with the department's database of obligors who owe arrearages. An insurer may either provide to the department or its agent information about the claimant or match information made available by the department or its agent with information about the claimant.

C. If a claimant who owes an arrearage is identified, an insurer may provide the following information on claims to the department or its agent before making a payment to the claimant:

1. The claimant's name, address, date of birth and social security number, if available, as they appear in the insurer's records.

2. The insurer's name, address and federal employer identification number.

3. The name and contact information for the insurer's employee that is managing the claimant's claim.

D. If the insurer is unable to use a method and format prescribed by the department or its agent, the insurer may cooperate with the department or its agent to identify another method including submission of written materials.

E. An insurer may provide information under this section by either of the following:

1. Participating in an insurance industry database that contains the necessary information and authorizes the department or its agent to obtain the information from the database for purposes of complying with this section.

2. Providing the information through the federal office of child support enforcement.

F. The department or its agent may use the information collected pursuant to this section for the administration and enforcement of child support pursuant to title IV-D. Except as provided by federal law, the information collected shall be used only to locate a person to establish paternity and to establish, modify and enforce support obligations. The information may be disclosed to an agent under contract with the department to carry out these purposes. The information may also be disclosed to agencies of this state, political subdivisions of this state, federal agencies involved with support, other states and political subdivisions of other states that are seeking to locate persons to enforce support pursuant to title IV-D. The information collected pursuant to this section is exempt from disclosure pursuant to title 39, chapter 1.

G. If a comparison of claimant and obligor information reveals a match with an obligor who has child support arrearage in a title IV-D case, the department or its agent shall send to the insurer, within three business days after discovering the match, an income withholding order pursuant to section 25-505.01 or a child support limited income withholding order pursuant to section 25-505. Any portion that replaces wages or provides income in lieu of wages is subject to the limitations prescribed in section 33-1131, subsection C. The insurer shall withhold the full amount of the arrearages as set forth in the child support limited income withholding order that is not otherwise exempt by law and pay the withheld amount to the support payment clearinghouse.

H. An insurer that makes a payment as permitted by this section arising from a child support limited income withholding order as permitted in this section is not liable to the claimant or the claimant's beneficiary or creditors.

I. A child support limited income withholding order issued pursuant to this section encumbers the right of a claimant to payment under the policy. The insurer shall disburse to the claimant only the portion of the payment remaining, if any, after the child support limited income withholding order has been satisfied.

J. The child support limited income withholding order is inferior to any lien or claim for both of the following:

1. Documented services and expenses that are related to the claim, including attorney fees, court costs, witness fees and reasonable litigation expenses.

2. Health care expenses.

K. Notwithstanding any other law, an insurer is immune from any liability for using the data match reporting system to identify if a claimant owes an arrearage, for providing information to the department or its agent pursuant to this section or for a delay in the payment of a claim resulting from compliance with this section.

L. An insurer that makes a payment on a child support lien as permitted in this section is not liable to the claimant or the claimant's beneficiary or creditors. An insurer that in good faith fails to make a payment on a child support lien as provided in this section is immune from civil liability. This section does not give rise to a claim or cause of action against an insurer by a person who asserts that the person is the intended obligee of the outstanding lien for child support.

M. An insurer is not required to report or identify the following types of claims:

1. First-party actual property damage claims that are benefits payable under an insurance policy arising out of covered damage for actual repair, replacement or loss of use of an insured property, including a payment for:

(a) Physical damage coverage under a personal automobile policy for actual repair, replacement, loss of use or other associated costs including towing, storage, vehicle rentals or costs to an insured vehicle and sent directly to a vendor or repair facility for the actual repair or replacement of the damaged property.

(b) Coverage for loss of damage to an insured dwelling and contents under a residential, homeowners, farm and ranch owners, condominium owners, landlord owners or tenant property insurance policy or other similar policies, including additional living expenses payable under such a policy.

(c) Benefits paid to the mortgagee or lienholder of the property, including payments issued jointly to the insured and the mortgagee.

(d) Coverage for physical loss or damage to commercial property or business personal property insured under a commercial property, farm, inland marine, builder's risk or other similar policy.

2. Actual medical expenses that are payments issued to:

(a) And sent directly to a health care provider.

(b) The claimant after the claimant provides proof of the amount actually paid by the claimant to the health care provider and the amount is at least as much as the insurance payment, but does not include any amounts that are billed but not paid.

3. A copayable insurance payment mailed directly to a vendor, repair facility or health care provider that includes the claimant as a copayee under paragraph 1 or 2 of this subsection.

4. Benefits payable directly to a creditor of a claimant under the terms of the policy.

5. Benefits assigned to be paid to a health care provider or facility for actual expenses that are the amount actually owed by the insured but not otherwise paid or reimbursed.

6. Limited benefits that include coverage for one or more specified diseases or illnesses, dental or vision benefits, hospital indemnity or other fixed indemnity insurance coverage and short-term major medical contracts and that do not exceed one thousand dollars per person over a thirty-day period, including any benefits to be paid under a plan or rider of accident insurance or accidental death or loss of limb coverage.

7. Benefits paid in accordance with group long-term care insurance or long-term care insurance as defined in section 20-1691.

8. Benefits paid on behalf of an individual directly to a retirement plan or an accelerated death benefit.

9. Third-party property damage claims that are benefits paid or payable:

(a) To a vendor or repair facility for the actual repair, replacement or loss of use of any of the following:

(i) A dwelling, condominium or other improvements on real property.

(ii) A vehicle, including a motor vehicle, motorcycle or recreational vehicle.

(iii) Other tangible property that has sustained actual damage or loss.

(b) For a claim for reimbursement of the claimant for payments made by the claimant to the vendor or repair facility for the actual repair, replacement or loss of use of any of the following:

(i) A dwelling, condominium or other improvements on real property.

(ii) A vehicle, including a motor vehicle, motorcycle or recreational vehicle.

(iii) Other tangible property that has sustained actual damage or loss.

10. Benefits paid or payable to a claimant under workers' compensation benefits coverage where the claimant has paid a health care provider's bill and payment is not greater than the amount owed for the treatment rendered.

11. Claims covered under a health benefits plan. For the purposes of this paragraph, " health benefits plan" means a hospital and medical service corporation policy or certificate, a health care services organization contract, a disability policy, a group disability policy, a certificate of insurance of a group disability policy that is not issued in this state, a multiple employer welfare arrangement or any other arrangement under which health services or health benefits are provided. Health benefits plan does not include:

(a) Accident only, dental only, vision only, disability income only or long-term care only insurance, fixed or hospital indemnity coverage, limited benefit coverage, specified disease coverage, credit coverage or taft-hartley trusts.

(b) Coverage that is issued as a supplement to liability insurance.

(c) Medicare supplemental insurance.

(d) Workers' compensation insurance.

(e) Automobile medical payment insurance.

N. An insurer providing information permitted by this section may match and report any claim seeking an economic benefit in which any of the following applies:

1. A first-party claimant making a claim resides in this state.

2. A third-party claimant making a third-party claim resides in this state.

3. A liability insurer providing coverage to an insured on a third-party claim and the claim occurred in this state.

O. For the purposes of this section:

1. " Arrearage" means past due support a person is required to pay in a title IV-D case.

2. " Claimant" includes an individual who makes a claim against an insured or under an insurance policy, including casualty insurance as defined in section 20-252 and disability insurance as defined in section 20-253.