Section 63-17-2120. Duties of employer or health insurer.

SC Code § 63-17-2120 (2019) (N/A)

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If a court order requiring a parent to provide health coverage to a child is received by an employer or a health insurer, including a group health plan as defined in Section 607(1) of the Employee Retirement Income Security Act of 1974 or health maintenance organization as defined in Section 38-33-20:

(1) the employer or health insurer promptly shall notify the parent and each child of the receipt of the order and the employer's or insurer's procedures for determining whether the order is covered by this article;

(2) within a reasonable period after receipt of the order, the employer or insurer shall determine whether the order is covered by this article and notify the parent and each child of the determination;

(3) shall establish reasonable procedures to determine whether the order is covered by this article and to administer the provision of benefits under qualified orders. The procedures must:

(a) be in writing;

(b) provide for the notification of each person specified in the order as eligible to receive benefits, at the address included in the order, of these procedures promptly upon receipt by the employer or insurer of the order; and

(c) permit the court or the child's legal guardian to designate a representative for receipt of copies of notices that are sent with respect to a medical child support order.

HISTORY: 2008 Act No. 361, Section 2.

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