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Health Insurance Coverage Assignment

A health insurance coverage assignment is an administrative order that requires the noncustodial parent’s employer (or other person providing health insurance to the noncustodial parent) to enroll the child(ren) in the parent’s health insurance plan. The order also authorizes the employer to deduct the cost of the health care premiums from the noncustodial parent's earnings.

Employer Responsibilites

Copy Noncustodial Parent

The employer must deliver a copy of the National Medical Support Notice (NMSN), along with a written statement of the noncustodial parent’s rights and relevant procedures under the law to move to quash the order to the noncustodial parent within 10 days of receipt.

Determine Commencement: Date of Coverage

Employers must determine the earliest possible coverage commencement date by considering the following guidelines.

  • If the employer has not received a notice of motion seeking to quash the order, then the employer must take steps to commence coverage no later than 30 days after receipt of the NMSN.
  • If the employer has received a motion to quash, then the employer must hold the NMSN until receipt of the order resolving the motion to quash.

Provide Information

The employer must do the following:

  • Notify our office of the commencement date of the coverage;
  • Provide evidence of coverage and any information necessary for the child to obtain benefits through the coverage to both parents or the person having custody of the child and our office; and
  • Upon request by the parents or person having custody, provide all forms and other documentation necessary for the purpose of submitting claims to the insurance carrier.

Disclosure (HIPPA)

Disclosure of protected health information by a health plan is permitted under Health Insurance Portability and Accountability Act (HIPPA) in response to a request for information by a IV-D agency pursuant to a National Medical Support Notice (NMSN). Please see OCSE PIQ-2004-03 for more information.

Coverage

Selecting Coverage

If the noncustodial parent has not enrolled in an available health plan, there is a choice of coverage and the court has not ordered coverage by a specific plan, the employer shall enroll the child in a plan that will provide reasonable benefits or coverage where the child resides. If that coverage is not available, the employer will return the National Medical Support Notice (NMSN) to our office within 20 days.

If the noncustodial parent has selected a health insurance plan prior to the issuance of a court order, the noncustodial parent’s selection will not be superseded unless the child will not be provided benefits or coverage where the child resides or the court order specifically directs other health coverage.

When Coverage is Not Available

When coverage is not available, the employer will return the NMSN to our office within 20 days of receipt.

Lapse of Coverage

The employer must notify our office if:

  • There is lapse in coverage; and if so,
  • The reason for the lapse, and
  • If the lapse is temporary, provide date coverage is expected to resume.