454.618. Enrolling of child as eligible dependent in health benefit plan, withholding of contributions--provision of information and authorization--denial or restriction of coverage, prohibited, when.
Enrolling of child as eligible dependent in health benefit plan,withholding of contributions--provision of information andauthorization--denial or restriction of coverage, prohibited, when.
454.618. 1. Upon receipt of the court or administrative order, ornotice, for health benefit plan coverage, or upon application of theobligor pursuant to that order, the employer or union shall take necessaryaction to enroll the minor child as an eligible dependent in the healthbenefit plan and, upon enrollment, withhold any required employeecontribution or premium from the obligor's income or wages necessary forthe coverage of the child and send any amount withheld directly to thehealth benefit plan administrator. If more than one health benefit plan isoffered by the employer or union, the minor child shall be enrolled in theplan in which the obligor is enrolled. When one or more plans areavailable and the obligor is not enrolled in a plan that covers dependentsor is not enrolled in any plan, the minor child and the obligor ifnecessary shall be enrolled under the least costly plan that providesservice to the area where the child resides if the order or notice forhealth benefit plan coverage is not a National Medical Support Noticeissued by the division or IV-D agency of another state. If the notice forhealth benefit plan coverage is a National Medical Support Notice issued bythe division or IV-D agency of another state, the health benefit planadministrator shall provide to the issuing agency copies of the applicablesummary plan descriptions or other documents that describe availablecoverage, including the additional participant contribution necessary toobtain coverage for the child under each option and whether there is alimited service area for any option. The issuing agency, in consultationwith the custodial parent, must promptly select from the available planoptions. If the issuing agency does not make such selection within twentybusiness days from the date the plan administrator provided the option, theplan administrator shall enroll the child in the plan's default option, ifany. If the plan does not have a default option, the plan administratorshall enroll the child in the option selected by the issuing agency.
2. In those instances where the obligor fails or refuses to executeany document necessary to enroll the minor child in the health benefit planordered by the court, the required information and authorization may beprovided by the division or the custodial parent or guardian of the minorchild.
3. Information and authorization provided by the division or thecustodial parent or guardian of the minor child shall be valid for thepurpose of meeting enrollment requirements of the health benefit plan andshall not affect the obligation of the employer or union and the insurer toenroll the minor child in the health benefit plan for which othereligibility, enrollment, underwriting terms and other requirements are met.However, any health benefit plan provision which denies or restrictscoverage to a minor child of the obligor due to birth out of wedlock shallbe void as against public policy.
4. A minor child that an obligor is required to cover as an eligibledependent pursuant to sections 454.600 to 454.645 shall be considered forhealth benefit plan coverage purposes as a dependent of the obligor untilthe child's right to parental support terminates or until further order ofthe court, but in no event past the limiting age set forth in the healthbenefit plan.
(L. 1993 S.B. 253 § 9, A.L. 1994 H.B. 1491 & 1134, A.L. 2002 S.B. 923, et al.)