In all cases in which there is a court order with no medical
support ordered, the case will be reviewed pursuant to the IV-D agency's plan
for automatic review of all IV-D cases every three years. Even if no other
modification is expected, the IV-D agency must seek modification to include
medical support, except in non-IV-A non-medicaid cases where the custodial
party has not consented to the IV-D agency obtaining medical support. All
remedies available for the collection and enforcement of child support apply to
medical support. In cases where the non-custodial parent is required to provide
health care coverage through an employment-related or other group health care
coverage plan pursuant to a support order, the IV-D agency shall use, where
appropriate, the national medical support notice to enforce the provisions of
health care coverage for the minor child(ren).
A. The IV-D agency must use the notice, when
appropriate, to notify employers of the provision for health care coverage of
the minor child(ren). The IV-D agency must transfer the notice to the employer
within two business days after the date of entry of an employee who is an
obligor in an IV-D case in the state directory of new hires.
B. Employers must transfer the notice to the
appropriate group health care coverage plan for which the minor child(ren) are
eligible within 20 business days after the date of the notice.
C. Employers must withhold any obligation of
the employee for employee contributions necessary for coverage of the minor
child(ren) and send any amount withheld directly to the health care coverage
plan. Employees may contest the withholding based on a mistake of fact. If the
employee contests such withholding, the employer must proceed with withholding
until such time as the employer receives notice from the IV-D agency that the
contest is resolved.
D. Upon
receipt of the national medical support notice, the employer shall enroll the
medical support obligor's minor child(ren) in a qualified health care coverage
plan as eligible dependents. Except as specifically outlined on the notice, the
health care coverage plan shall not be required to provide benefits or
eligibility for such benefits in addition to those provided under the terms of
the plan immediately before receipt of the notice.
E. If the medical support obligor is enrolled
in a qualified health care coverage plan, the minor child(ren) shall be
enrolled in the same health care coverage plan in which the medical support
obligor is enrolled. If the medical support obligor is not enrolled in a
qualified health care coverage plan, the premiums charged for enrollment of the
minor child(ren) only shall be the same as would be charged for enrollment of
the medical support obligor only. If the medical support obligor is not
enrolled in a qualified health care coverage plan and there is more than one
health care coverage plan option available for enrollment of the minor
child(ren), the employer shall notify the IV-D agency and the IV-D agency, in
consultation with the custodial party, will select a qualified health care
coverage plan option. If the custodial party does not notify the IV-D agency of
the selected qualified health care coverage plan option within the timeframe
required by the IV-D agency, the minor child(ren) shall be enrolled in the
qualified health care coverage plan's default option, which is defined as the
least costly health care coverage plan that conforms with the minimum health
care protection as defined in the New Mexico Insurance Code, Section
59A-23B-1 et seq NMSA
1978.
F. The health care coverage
plan must notify the IV-D agency of the status of health care coverage for the
minor child(ren), as outlined on the notice, within 40 business days after the
date of the notice. The plan shall also promptly notify the custodial party of
the plan coverage and effective date, as outlined on the notice.
G. Employers must notify the IV-D agency
promptly whenever the medical support obligor's employment is terminated, in
the same manner as is required for income withholding cases.
H. The IV-D agency must promptly notify the
employer when there is no longer a current order for medical support in effect
for which the IV-D agency is responsible.
I. In instances in which a minor child is
covered through a public entity, the medical support obligor is required to
maintain the recertification of the health care coverage as long as the medical
support obligor meets eligibility requirements.
