Wash. Admin. Code § 388-14A-4900 - Insurers must report claim information to the division of child support and withhold payments if directed
(1)
Insurers must report certain insurance claims to the division of child support.
Within 10 days after opening a tort liability claim for bodily injury or
wrongful death, a workers' compensation claim, or a claim under a policy of
life insurance, including an annuity, the insurer must report sufficient
information to the division of child support to enable it to verify whether the
claimant or other beneficiary owes child support. A claim is deemed opened when
an insurer has sufficient information to:
(a)
Identify the claimant;
(b)
Determine that the claimant is entitled to payment of the insurance claim
proceeds; and
(c) Make such
payment. In the case of a claim that will be paid through periodic payments,
the insurer must only report the claim before issuing the initial
payment.
(2) The
information reporting requirements are satisfied so long as the insurer
provides minimum identifying information. Minimum identifying information about
the claimant includes:
(a) The claimant's
full name;
(b) The claimant's
Social Security number, or if that is unavailable, the claimant's physical
address and date of birth;
(c) The
insurer's name;
(d) The insurer's
claims department address for lien receipt;
(e) The insurer's claim number in the proper
format for identification of the claim;
(f) The insurer's claim date of
loss;
(g) The adjustor's
name;
(h) The adjustor's telephone
number;
(i) The adjustor's email
address; and (j) The insurer's fax number for receiving lien notices, if one
exists.
(3) Insurers can
report information:
(a) To the federal office
of child support enforcement or the child support lien network;
(b) Through an insurance claim data
collection organization, which submits the required information to the federal
office of child support enforcement, the child support lien network, or the
division of child support within the time-frames and in the manner required by
law; or
(c) To the division of
child support special collections unit in writing or electronically, if the
insurer does not have the capability to report through the above
methods.
(4) Upon
receipt of claims information, the division of child support will determine
whether a child support debt exists. If so, the division of child support will
issue a notice to the insurer to withhold payment and remit to the division of
child support. An insurer is not required to remit payment to the division of
child support if the notice issued is received after the insurer has disbursed
payment on the claim.
(5) The
division of child support will give any lien, claim, or demand for reasonable
claim-related attorneys' fees, property damage, and medical costs priority over
any withholding of payment. These costs must be final costs after all
reductions have been pursued with interested parties.
Notes
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