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§ 118.2. Employer sponsored health care coverage

Oklahoma Statutes AnnotatedTitle 43. Marriage and Family

Oklahoma Statutes Annotated
Title 43. Marriage and Family (Refs & Annos)
Divorce and Alimony
43 Okl.St.Ann. § 118.2
§ 118.2. Employer sponsored health care coverage
A. When a parent is required by a court or administrative order to provide health coverage which is available through an employer doing business in this state, the employer is required:
1. To permit the parent to enroll under family coverage any child who is otherwise eligible for coverage without regard to any enrollment season restrictions;
2. To enroll the child under family coverage and to deduct the employee's cost of the coverage from the employee's wages. The enrollment shall be made upon application to the employer by the child's custodial person, by the state agency administering the Medicaid program or the state agency administering the child support program under Title IV-D of the Social Security Act;1
3. Not to disenroll or eliminate coverage of a child unless the employer is provided satisfactory written evidence that:
a. the court order is no longer in effect,
b. the child is or will be enrolled in comparable coverage which will take effect no later than the effective date of disenrollment, or
c. the employer has eliminated family health coverage for all of its employees;
4. Upon request, to provide complete information to the custodial person, the state agency administering the Medicaid program or the state agency administering the child support program under Title IV-D of the Social Security Act regarding any insurance benefits to which the child is entitled, and any forms, publications, or documents necessary to apply for or to utilize the benefits;
5. Permit the custodial person, the designated agency administering the State Medicaid Program, or the provider with approval, to submit claims for covered services without the approval of the noncustodial parent; and
6. Make payments on claims submitted in accordance with paragraph 5 of this subsection directly to the custodial person, the designated agency administering the State Medicaid Program, or the provider.
B. If child support services are being provided under the state child support plan as provided under Section 237 of Title 56 of the Oklahoma Statutes, the Child Support Enforcement Division shall notify the parent's employer to enroll the child in health care coverage available under the employer's plan by sending the employer a National Medical Support Notice issued pursuant to Section 466(a)(19) of the Social Security Act,2 and Section 609(a)(5)(C) of the Employee Retirement Income Security Act of 1974.3 The employer shall comply with the National Medical Support Notice. The employer may be fined up to Two Hundred Dollars ($200.00) per month per child for each failure to comply with the requirements of the National Medical Support Notice. Fines collected shall be remitted to the Child Support Revenue Enhancement Fund created pursuant to Section 225 of Title 56 of the Oklahoma Statutes.
C. An employer may not be fined under this section where an employee fails to contribute his or her portion of a health insurance premium.
D. The Department of Human Services shall promulgate rules as necessary to implement the provisions of this section.

Credits

Laws 1994, c. 356, § 15, eff. Sept. 1, 1994; Laws 1998, c. 323, § 9, eff. Oct. 1, 1998; Laws 2001, c. 407, § 6, eff. July 1, 2001; Laws 2003, c. 19, § 2, eff. Nov. 1, 2003; Laws 2004, c. 393, § 4, emerg. eff. June 3, 2004.

Footnotes

42 U.S.C.A. § 651 et seq.
42 U.S.C.A. § 666.
29 U.S.C.A. § 1169.
43 Okl. St. Ann. § 118.2, OK ST T. 43 § 118.2
Current with emergency effective legislation through Chapter 275 of the Second Regular Session of the 58th Legislature (2022). Some sections may be more current, see credits for details.
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