- Introduced -

SB 1160 - This act requires the use of National Medical Support notice to enforce health benefit plan coverage required in child support orders.

Current law requires the Circuit Clerk to send notice to employers when a parent has been ordered to provide health insurance coverage for a child. Current language regarding the contents of the notice is deleted and new language requires the notice to comply with the National Medical Support Notice (NMSN) as required by federal law. The Division of Child Support Enforcement must give notice within two days of notification of the employee's hire and must also promptly notify employers when an order for medical support is no longer in effect. The notice must contain certain information and is binding on current and subsequent employers (Section 454.606).

The clerk must currently send a notice to the obligor. This act requires the inclusion of a statement that the parent may contest the notice within 30 days. The parent may contest based on mistake of fact or because the parent obtained other insurance prior to issue of the withholding order (Section 454.609).

Currently, the employer is to transfer the notice to the health insurer upon receipt. This act requires such transfer within 20 business days. Within forty business days, the health plan administrator must notify the agency to verify the child is covered, the effective date of the coverage, and provide forms regarding the coverage (Section 454.615).

Current law outlines steps the employer must take to enroll the child in the health benefit plan. This act clarifies that the employer must withhold the amount necessary to cover the child and send it to the health plan. The child must be enrolled in the least costly plan if a plan is not already designated. If the notice is a NMSN, the health plan must provide plan descriptions and the agency and the custodial parent will select a plan for the child. If the agency does not select a plan within 20 days, the health plan must enroll the child in its default option, if possible (Section 454.618).

Procedures are currently outlined for the termination of an obligor's employment. This act requires the employer to notify the Division or agency of the obligor's location and new employer, if known (Section 454.627)

COBRA coverage is currently required, if necessary. This act prohibits the child from being terminated from coverage unless the insurer is given evidence that the order is no longer in effect, the child is or will be enrolled in a comparable plan, the employer eliminated health care coverage for all employees, or continuation of coverage is not chosen (Section 454.700).

This act is substantially similar to HB 1780 (2002).

ERIN MOTLEY