(1) When a child support order requires a party to provide health care coverage for a child under a health benefit plan:
(a) The court or the enforcing agency may issue a qualified medical child support order as provided in section 609 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1169) directing the providing party’s employer or plan administrator to enroll the providing party’s child in a health benefit plan and directing the providing party’s employer to withhold any required premium from the providing party’s compensation.
(b) If support enforcement services are being provided under ORS 25.080, the enforcing agency shall, when appropriate:
(A) Issue a medical support notice in accordance with rules adopted by the Department of Justice.
(B) Issue a medical support notice to the providing party’s employer within two business days of receiving information under ORS 25.790 that the employer has hired or rehired the providing party.
(2) If an order to provide health care coverage is in effect or is being sought:
(a) The providing party’s employer or plan administrator shall release to the enforcing agency, upon request, the name and address of the insurer and any plan administrator; and
(b) The plan administrator shall release to the obligee or the enforcing agency, upon request, information about dependent health care coverage under the health benefit plan.
(3) If a qualified medical child support order or a medical support notice has been served on the providing party’s employer, the order or notice is binding on the employer and the plan administrator to the extent that the child is eligible to be enrolled in the health benefit plan under the applicable terms and conditions of the plan and the standard enrollment guidelines as described in ORS 743.847. Enrollment of the child shall be allowed at any time, notwithstanding any enrollment season restrictions. [2003 c.637 §4; 2007 c.878 §7]
Section: Previous 25.315 25.316 25.317 25.318 25.320 25.321 25.323 25.325 25.327 25.329 25.330 25.331 25.333 25.335 25.337 NextLast modified: August 7, 2008