§2106. Dependent health care coverage

1.  Enrollment of dependent children in employer health plans.  If a parent is required by a support order to provide private health insurance for a child and the parent is eligible for health insurance through an employer doing business in the State then, upon application by either parent or notice from the court or the department, the employer or plan administrator shall enroll the child, if otherwise eligible, in the employer health plan without regard to any enrollment season restrictions, except as provided by subsection 2. If the employer offers more than one plan, the employer or plan administrator shall enroll the child in the plan in which the employee is enrolled or, if the employee is not enrolled, in the least costly plan otherwise available, if the plan's services are available where the child resides. If the services of the employee's plan or the least costly plan are not available where the child resides, the employer or plan administrator shall enroll the child in the least costly plan that is available where the child resides. If the plan requires that the participant be enrolled in order for the child to be enrolled, and the participant is not currently enrolled, the employer or the plan administrator must enroll both the participant and the child. The enrollments must be without regard to open season restrictions. The court or the department may issue to a parent's employer or other payor of income a medical support notice to enforce a parent's obligation to obtain or maintain health insurance coverage or other health care services for each dependent child of the parent. The format of the medical support notice must be the federal National Medical Support Notice as required by the Child Support Performance and Incentives Act of 1998, Public Law 105-200, 42 United States Code, Section 666(a)(19)(A) and the federal Employee Retirement Income Security Act of 1974, 29 United States Code, Section 1169(a)(5)(C). The employer or other payor of income shall complete Part A of the National Medical Support Notice and the plan administrator shall complete Part B.

[PL 2009, c. 290, §20 (AMD).]

2.  Employer duty to withhold premiums from employee and pay insurer.  An employer who enrolls a dependent child under this section shall withhold from the employee's compensation the employee's share, if any, of the cost of the health care coverage for the child enrolled and pay that amount to the insurer, except that the amount of compensation withheld by the employer may not exceed the limits provided for in section 2356. If withholding the maximum amount of the employee's disposable earnings under section 2356 does not cover the employee's initial share of the cost, the employer may elect not to enroll the employee's dependent child.

[PL 1997, c. 537, §29 (NEW); PL 1997, c. 537, §62 (AFF).]

3.  Duty to maintain coverage.  An employer may not disenroll or eliminate coverage for a child enrolled under this section unless:

A. The employer is provided with satisfactory written evidence that the court or administrative order is no longer in effect;   [PL 1997, c. 537, §29 (NEW); PL 1997, c. 537, §62 (AFF).]

B. The employer is provided with satisfactory written evidence that the child is or will be enrolled in comparable health coverage that will take effect no later than the date when the child is disenrolled;   [PL 1997, c. 537, §29 (NEW); PL 1997, c. 537, §62 (AFF).]

C. The employer has eliminated family health care coverage for all of its employees; or   [PL 1997, c. 537, §29 (NEW); PL 1997, c. 537, §62 (AFF).]

D. The parent who is ordered to provide health care coverage for the child terminates employment.   [PL 1997, c. 537, §29 (NEW); PL 1997, c. 537, §62 (AFF).]

[PL 1997, c. 537, §29 (NEW); PL 1997, c. 537, §62 (AFF).]

4.  Answer.  The employer shall respond within 20 days to a parent who requests enrollment or, if a medical support notice has been issued, to the court or the department within 20 days and confirm:

A. That the child has been enrolled in the employer's health plan;   [PL 1997, c. 537, §29 (NEW); PL 1997, c. 537, §62 (AFF).]

B. The date when the child will be enrolled, if enrollment is pending; or   [PL 1997, c. 537, §29 (NEW); PL 1997, c. 537, §62 (AFF).]

C. That coverage can not be provided, stating the reasons why coverage can not be provided.   [PL 1997, c. 537, §29 (NEW); PL 1997, c. 537, §62 (AFF).]

[PL 2009, c. 290, §21 (AMD).]

5.  Notice of coverage and plan changes.  If a child is enrolled under this section, the employer shall provide information to the custodial parent that includes the name of the insurer and the extent of the coverage provided and make available any necessary claim forms or enrollment membership cards. The employer shall inform the custodial parent of a change in coverage, change in insurer or if the plan is terminated. The employer shall provide the custodial parent with any information about the plan that the employer provides to covered employees.

[PL 1997, c. 537, §29 (NEW); PL 1997, c. 537, §62 (AFF).]

SECTION HISTORY

PL 1997, c. 537, §29 (NEW). PL 1997, c. 537, §62 (AFF). PL 2001, c. 554, §§12,13 (AMD). PL 2009, c. 290, §§20, 21 (AMD).