Ala. Admin. Code r. 660-3-18-.03

Current through Register Vol. 43, No. 02, November 27, 2024

Section 660-3-18-.03 - Medical Support Enforcement

(1) The IV-D Child Support Agency must use the National Medical Support Notice to enforce the provision of health care coverage for children of obligated parents who are required to provide health care coverage through an employment-related group health plan pursuant to a child support order and for whom the employer is known to the State agency. Federal law states that the IV-D Child Support Agency may enforce a medical support order against the custodial parent; however, the Alabama State IV-D Child Support Agency has opted not to do so.

(2) The IV-D Child Support Agency is not required to use the National Medical Support Notice in cases with court orders that stipulate alternative health care coverage.

(3) The IV-D Child Support Agency must use the National Medical Support Notice to transfer notice of provision for health care coverage of the child(ren) to employers.

(4) The IV-D Child Support Agency must transfer the National Medical Support Notice to the employer within two business days after the date of entry of an employee who is an obligor in a IV-D case in the State Directory of New Hire.

(5) Employers must transfer the National Medical Support Notice to the appropriate group health plan providing any such health care coverage for which the child(ren) is eligible within twenty business days after the date of the National Medical Support Notice.

(6) Employers must withhold any obligation of the employee for employee contributions necessary for coverage of the child(ren) and send any amount withheld directly to the plan.

(7) Employers must notify the State agency promptly whenever the obligated parent's employment is terminated.

(8) The IV-D Child Support Agency must promptly notify the employer when there is no longer a current order for medical support in effect for which the IV-D agency is responsible.

(9) The IV-D Child Support Agency must, in consultation with the custodial parent, promptly select from available plan options when the plan administrator reports that there is more than one option available under the plan.

(10) An employer who fails to comply with the withholding of contributions for medical support may be subject to legal action and personally liable to the obligee for failure to withhold up to the amount of contributions which were not withheld. In those cases, conditional and final judgment for the amounts to be withheld may be entered by a court against the employer.

Ala. Admin. Code r. 660-3-18-.03

New Rule: Filed August 6, 2009; effective September 10, 2009.

Author: Janice Grubbs

Statutory Authority:Code of Ala. 1975, § 27-21B-10; 42 USC 666(a) 19; 42 USC 652(f), 45 C.F.R. 303.32; ALABAMA STATE PLAN - CHILD SUPPORT ENFORCEMENT DIVISION.