23-4,121. Same; requirements of withholding order.
23-4,121
23-4,121. Same; requirements of withholding order.(a) A medical withholding order shall not require a healthbenefit plan to provide any type or form of benefit, or any option, nototherwise provided under the plan or required by federal law.
(b) A medical withholding order shall clearly specify: (1) The name, lastknown mailing address and, if known, social security number of the parentrequired to enroll a child in a health benefit plan; (2) for each child coveredby the medical child support order, the child's name, date of birth, socialsecurity number and mailing address. The child's mailing address need not bethe child's home address. In addition to the child's mailing address, the ordermay designate a representative to receive copies of notices to the child. Ifthe holder of the limited power of attorney pursuant to subsection (c) ofK.S.A. 23-4,119 issomeone other than the nonparticipating parent, the holder of the limited powerof attorney shallbe designated a representative entitled to receive copies of notices to thechild; (3) the address where payments are to be sent, if different from themailing address of the child or representative; (4) the type of coveragerequired for each child or how the type of coverage is to be determined; (5)the period to which the order applies; and (6) each plan to which the orderapplies. Except as otherwise specified in the order the order is presumed toapply to all plans whose applicable eligibility requirements have been met. Therequirement of provision (5) may be met by providing the child's date ofbirth and the jurisdiction whose law governs the duration of the duty ofsupport under the order.
(c) A medical withholding order meeting the requirements of subsections (a)and (b)shall be treated for all purposes as a qualified medical child supportorder under the federal employee retirement income security act (29 U.S.C.§1161 et seq.).
History: L. 1994, ch. 301, § 16; July 1.