Okla. Admin. Code § 340:25-5-171 - Enforcement of a medical support order
(a) When a parent has been ordered to provide
health insurance for the child(ren) and has failed to voluntarily enroll the
child(ren), Oklahoma Child Support Services (OCSS), uses the National Medical
Support Notice (NMSN) to aid in enrolling the child(ren) in the group health
plans for which a parent is eligible. OCSS sends the NMSN to the parent's
employer as required by Section 666 of Title 42 of the United States Code,
Section 609 of the Employee Retirement Income Security Act of 1974, Section
303.32 of Title 45 of the Code of Federal Regulations, and Section
6058A
of Title 36 and Section
118.2
of Title 43 of the Oklahoma Statutes.
(b) In addition to issuing a NMSN, when a
parent is ordered to provide medical support for the minor child(ren) and is
not complying with the order, OCSS may either:
(1) enforce the medical support order by a
license revocation action under Section
139.1
of Title 43 of the Oklahoma Statutes, or by an indirect contempt of court
action under Section
566.1
of Title 21 of the Oklahoma Statutes; or
(2) seek a modification of the order under
OAC
340:25-5-198.2.
(c) When a child is eligible for
enrollment in the United States Department of Defense's managed health care
program, TRICARE, (a) of this Section does not apply. OCSS notifies the
custodial person to contact the Defense Manpower Data Center Support Office at
1-800-538-9552 to enroll the child, using the Defense Enrollment Eligibility
Reporting System registration process.
(d) If the employer response to the NMSN
indicates that enrollment cannot be completed because the cost of coverage
exceeds the limits of earnings subject to income assignment under Section
1171.2
of Title 12 of the Oklahoma Statutes, OCSS applies OAC
340:25-5-168
to determine if other coverage is available at reasonable cost or if a cash
medical order is appropriate. OCSS conducts a review of the order under OAC
340:25-5-198.1
and seeks a modified order if the review indicates that modification would
result in an enforceable medical support order or that the child support order
should be adjusted.
(e) OCSS issues
a non-compliance letter to the employer when the employer:
(1) has not returned the NMSN within 20
business days after the date of the NMSN notifying OCSS that:
(A) the employer does not offer group
dependent health coverage;
(B) the
employee is among a class of employees that is not eligible for family coverage
under the employer's plans;
(C) the
employee is not employed by the employer; or
(D) state or federal withholding limitations
or prioritization of withholding prevent the required employee contribution to
obtain coverage;
(2) has
not forwarded the NMSN to the insurer within 20 business days after the date of
the NMSN; or
(3) is the insurer and
has not returned the NMSN within 20 business days after the date of the NMSN
indicating that either the child(ren) has been enrolled in the plan and the
effective date of coverage or there is more than one option available and one
must be selected.
(f)
OCSS issues a non-compliance letter to the insurer when the insurer has not
returned the NMSN within 40 business days after the date of the NMSN indicating
that either the child(ren) has been enrolled in the plan and the effective date
of coverage or there is more than one option available and one must be
selected.
(g) OCSS may initiate
legal proceedings to request the court fine employers and insurers when there
is no response indicating full compliance with the requirements of the NMSN
within 10 business days after the date of the non-compliance letter. Fines may
be imposed by the court for up to $200 a month per child for each failure to
comply with the requirements of the NMSN under Section
6058A
of Title 36 and Section
118.2
of Title 43 of the Oklahoma Statutes.
(h) If the employer or insurer complies with
the requirements of the NMSN, OCSS may dismiss the case against the employer or
insurer.
(i) Employers and insurers
must send any fine(s) imposed by the court, under Section
235
of Title 56 of the Oklahoma Statutes, by check or money order to OCSS,
Attention: Finance, P.O. Box 248822, Oklahoma City, Oklahoma
73124-8822.
(j) When a parent has
been ordered to provide health insurance for the child(ren) and the other
parent or custodial person has failed or refused to provide information
necessary to enroll the child(ren) in the health insurance plan, OCSS:
(1) releases the information as appropriate
per OAC
340:25-5-67
when family violence is not an issue;
(2) determines noncooperation and begins the
case closure process per OAC
340:25-5-114,
340:25-5-118,
and
340:25-5-123
when the parent refusing to provide the information is the applicant for
services;
(3) obtains the necessary
information from the parent by a license revocation action per Section
139.1
of Title 43 of the Oklahoma Statutes, or by an indirect contempt of court
action per Section
566.1
of Title 21 of the Oklahoma Statutes; or
(4) seeks a modification of the order per OAC
340:25-5-198.2.
Notes
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