§ 15-29-3 - Duty of employer to respond to medical notices.
SECTION 15-29-3
§ 15-29-3 Duty of employer to respond tomedical notices. – (a) The medical notice shall instruct the employer into which health care plansthe children shall be enrolled and include all identifying information of thechild support case. The medical notice shall comply in all respects withfederal requirements.
(b) The employer must respond, within twenty (20) businessdays after the date of the medical notice, or sooner, if reasonable, indicating:
(1) That the employer does not maintain or contribute toplans providing dependant or family care coverage;
(2) That the employee is among a class of employees that arenot eligible for family health care coverage under any group health planmaintained by the employee;
(3) That health care is not available because the employee isno longer employed; or
(4) That state or federal withholding limitations and/orprioritization prevent the withholding from the employee's income of the amountrequired to obtain coverage.
(c) If family health care coverage is available, the employeris required to transfer the appropriate part of the medical notice to the planadministrator of each appropriate group health plan for which the children maybe eligible.
(d) Upon notification from the plan administrator that thechildren are enrolled, the employer must either:
(1) Withhold from the employees income any contributionsrequired within the limitations outlined in § 15-29-4 and transfer thecontribution to the plan administrator; or
(2) Complete the appropriate employee response portion of thenotice and advise the child support agency that enrollment cannot be completedbecause of prioritization or limitations on additional withholding of income.
(e) If there is a waiting period for enrollment based uponnumber of hours worked or passage of time, the employer must notify the planadministrator when the condition is met.