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Texas Family Code - Section 154.187. Duties Of Employer

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§ 154.187. DUTIES OF EMPLOYER.  (a) An order or notice 
under this subchapter to an employer directing that health 
insurance coverage be provided to a child of an employee or member 
is binding on a current or subsequent employer on receipt without 
regard to the date the order was rendered.  If the employee or 
member is eligible for dependent health coverage for the child, the 
employer shall immediately enroll the child in a health insurance 
plan regardless of whether the employee is enrolled in the plan.  If 
dependent coverage is not available to the employee or member 
through the employer's health insurance plan or enrollment cannot 
be made permanent or if the employer is not responsible or otherwise 
liable for providing such coverage, the employer shall provide 
notice to the sender in accordance with Subsection (c).
	(b)  If additional premiums are incurred as a result of 
adding the child to the health insurance plan, the employer shall 
deduct the health insurance premium from the earnings of the 
employee in accordance with Chapter 158 and apply the amount 
withheld to payment of the insurance premium.
	(c)  An employer who has received an order or notice under 
this subchapter shall provide to the sender, by first class mail not 
later than the 30th day after the date the employer receives the 
order or notice, a statement that the child:
		(1)  has been enrolled in a health insurance plan;  or                        
		(2)  cannot be enrolled or cannot be enrolled 
permanently in a health insurance plan and provide the reason why 
coverage or permanent coverage cannot be provided.
	(d)  If the employee ceases employment or if the health 
insurance coverage lapses, the employer shall provide to the 
sender, by first class mail not later than the 15th day after the 
date of the termination of employment or the lapse of the coverage, 
notice of the termination or lapse and of the availability of any 
conversion privileges.
	(e)  On request, the employer shall release to the sender 
information concerning the available health insurance coverage, 
including the name of the health insurance carrier, the policy 
number, a copy of the policy and schedule of benefits, a health 
insurance membership card, and claim forms.
	(f)  In this section, "sender" means the person sending the 
order or notice under Section 154.186.
	(g)  An employer who fails to enroll a child, fails to 
withhold or remit premiums or cash medical support, or 
discriminates in hiring or employment on the basis of a medical 
support order or notice under this subchapter shall be subject to 
the penalties and fines in Subchapter C, Chapter 158.
	(h)  An employer who receives a national medical support 
notice under Section 154.186 shall comply with the requirements of 
the notice.

Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.  
Amended by Acts 1995, 74th Leg., ch. 341, § 4.05, eff. Sept. 1, 
1995;  Acts 1997, 75th Leg., ch. 911, § 13, eff. Sept. 1, 1997;  
Acts 2003, 78th Leg., ch. 120, § 2, eff. July 1, 2003.

Last modified: August 11, 2007