454.606. Notice to employer or union, National Medical Support Notice to be used--notice, how delivered--division duties.
Notice to employer or union, National Medical Support Notice tobe used--notice, how delivered--division duties.
454.606. 1. In all IV-D cases in which income withholding for childsupport is to be initiated on the effective date of the order pursuant tosection 452.350, RSMo, and section 454.505, respectively, the circuit clerkor division, as appropriate, shall send a notice to the employer or unionof the parent who has been ordered to provide the health benefit plancoverage at the same time the support order withholding notice is issued.In cases in which the division enforces an order to obtain health benefitplan coverage, it also shall send a notice to the employer or union of theparent who has been ordered to provide the health benefit plan coverage.
2. The notice shall be sent to the employer or union either byregular mail or by certified mail, return receipt requested.
3. The division shall use the National Medical Support Noticerequired by 42 U.S.C. Section 666(a)(19) and 45 C.F.R. Section 303.32 toenforce health benefit plan coverage under this chapter. All employers,unions, and plan administrators shall comply with the terms of the NationalMedical Support Notice, including the instructions therein, whether issuedby the division or the IV-D agency of another state which appears regularon its face. The division shall:
(1) Transfer the National Medical Support Notice to an employerwithin two business days after the date of entry of an employee who is anobligor in a IV-D case in the state directory of new hires; and
(2) Promptly notify the appropriate employer or union if a currentorder for medical support for which the division is responsible is nolonger in effect.
4. The notice issued by the circuit clerk shall contain, at aminimum, the following information:
(1) The parent's name and Social Security number;
(2) A statement that the parent is required to provide and maintainhealth benefit plan coverage for a dependent minor child; and
(3) The name, date of birth, and Social Security number, ifavailable, for each child.
5. The notice to withhold sufficient funds from the earnings due theobligor to cover employee contributions or premiums, when necessary tocomply with the order to provide health benefit plan coverage, is bindingon current and successor employers for current and subsequent periods ofemployment. Such notice shall continue until further notice by the courtor division.
6. The withholding of health benefit plan employee contributions orpremiums from income, if required to comply with the order, shall not beheld in abeyance pending the outcome of any hearing provided pursuant tosection 454.609.
(L. 1993 S.B. 253 § 5, A.L. 2002 S.B. 923, et al., A.L. 2003 S.B. 330)