Sec. 46b-88. National Medical Support Notice. Duties of issuing agency, employer and administrator of group health plan.
Sec. 46b-88. National Medical Support Notice. Duties of issuing agency, employer and administrator of group health plan. (a) For the purposes of this section:
(1) "Issuing agency" means an agency providing child support enforcement services, as defined in subsection (b) of section 46b-231, and includes the Bureau of Child
Support Enforcement within the Department of Social Services and Support Enforcement Services within Judicial Branch Court Operations; and
(2) "NMSN" means the National Medical Support Notice required under Title IV-D of the Social Security Act and the Employee Retirement Income Security Act used
by state child support agencies to enforce health care coverage support provisions in
child support orders.
(b) (1) Whenever a court or family support magistrate enters a support order in a
Title IV-D support case, as defined in subsection (b) of section 46b-231, that requires
a noncustodial parent to provide employment-based health care coverage for a child,
and the noncustodial parent's employer is known to the issuing agency, such agency
shall enforce the health care coverage provisions of the order through the use of a NMSN.
The issuing agency may also use the NMSN to enforce provisions of the support order
requiring the custodial parent to provide employment-based health coverage for the
child.
(2) In addition to other notice and requirements contained therein, the NMSN shall
serve as notice to the employer that: (A) The employee is obligated to provide employment-based health care coverage for the child; (B) the employer may be required to
withhold any employee contributions required by the group health plan or plans in which
the child is eligible to be enrolled; and (C) the employer is required to forward the NMSN
to the administrator of each group health plan providing such coverage for enrollment
determination purposes.
(3) In addition to other notice requirements contained therein, the NMSN shall serve
as notice to the group health plan that: (A) Receipt of the NMSN from an employer
constitutes receipt of a medical support order; and (B) an appropriately completed
NMSN constitutes a qualified medical child support order for health care coverage
enrollment purposes.
(4) In any case in which the noncustodial parent is a newly hired employee, the
NMSN shall be transferred by the issuing agency to the employer no later than two
business days after the date of the entry of the employee in the State Directory of New
Hires established under section 31-254, together with any necessary income withholding
notice.
(c) (1) An employer who receives a NMSN from the issuing agency shall: (A) No
later than twenty business days, after the date of NMSN, either (i) return the notice to
such agency indicating why the health care coverage is not available, or (ii) transfer the
notice to the administrator of each appropriate group health plan for which the child
may be eligible; (B) upon notification from any such group health plan that the child is
eligible for enrollment, withhold from the employee's income any employee contribution required under such plan and send the withheld payments directly to the plan, except
as provided in subsection (d) of this section; and (C) notify the issuing agency whenever
the employee's employment terminates. (2) Any employer who discharges an employee
from employment, refuses to employ, or takes disciplinary action against an employee
because of a medical child support withholding, or fails to withhold income or transmit
withheld income to the group health plan as required by the NMSN shall be subject to
the penalties related to employer processing of child support income withholding, as
provided in subsections (f) and (j) of section 52-362. (3) The issuing agency shall notify
the employer promptly when there is no longer a current order for medical support.
(d) The NMSN shall inform the employer of the duration of the withholding requirement, of any limitations on withholding prescribed by federal or state law, and of any
withholding priorities that apply when available income is insufficient to satisfy all cash
and medical support obligations. A withholding for medical support obligations shall
take priority over all support obligations other than current child and spousal support.
The employer shall notify the issuing agency when any such withholding limitations or
priorities prevent the employer from withholding the amount required to obtain coverage
under the group health plan for which the child is otherwise eligible.
(e) (1) The administrator of a group health plan who receives a NMSN from an
employer pursuant to subsection (c) of this section shall deem the NMSN to be a "qualified medical child support order" and an application by the issuing agency for enrollment
of the child. Enrollment of the child may not be denied because the child: (A) Was born
out of wedlock, (B) is not claimed as a dependent on the participant's federal income
tax return, (C) does not reside with the participant or in the plan's service area, or (D)
is receiving benefits or is eligible for benefits under a state medical assistance plan
required by the Social Security Act. An enrollment shall be made without regard to
open season enrollment restrictions, and if enrollment of a child is dependent on the
enrollment of a participant who is not enrolled, both the child and the participant shall
be enrolled. (2) No later than forty business days after the date of the NMSN the plan
administrator shall notify the issuing agency whether coverage is available or, if necessary, of the steps to be taken to begin such coverage. The administrator shall also provide
to the custodial parent a description of the coverage available and of any forms or documents necessary to begin coverage. The issuing agency, in consultation with the custodial parent, shall promptly select from any available plan options when necessary. Upon
completion of enrollment, the group health plan administrator shall return the NMSN
to the employer for a determination of whether any necessary employee contributions
are available.
(f) A NMSN issued pursuant to this section shall be deemed part of the court order
requiring employment-based health care coverage. The NMSN shall have the same force
and effect as a court order directed to an employer or group health plan administrator
and may be enforced by the court or family support magistrate in the same manner as
an order of the court or family support magistrate. The requirements imposed on employers and group health plan administrators under this section and the NMSN shall be in
addition to any requirements imposed on said employer or administrator under other
provisions of the general statutes.
(May 9 Sp. Sess. P.A. 02-7, S. 38; P.A. 07-247, S. 8, 9.)
History: P.A. 07-247 amended Subsec. (b)(1) by providing that issuing agency may use NMSN to enforce provisions
of support order requiring custodial parent to provide employment-based health coverage for the child and amended Subsec.
(d) by specifying that withholding order for medical support obligations takes priority over all support obligations other
than current child support and spousal support.
See Sec. 17b-745 re court orders for support of persons supported by state.
See Sec. 38a-497a re group coverage and benefits of a noncustodial parent.
See Sec. 46b-84 re parents' obligation for maintenance of minor child.
See Sec. 46b-171 re judgment and order of court or family support magistrate.
See Sec. 46b-215 re relatives obliged to furnish support.