Nebraska Revised Statute 44-3,146

Chapter 44 Section 3,146

44-3,146.

Health care coverage of children; insurer; court or administrative order; duties; national medical support notice; effect.

(1) An insurer shall, in any case in which an obligor is required by a court or administrative order to provide health care coverage for a child and the obligor is eligible for family health care coverage through the insurer:

(a) Permit an obligor to enroll under such health care coverage any such child who is otherwise eligible for such coverage without regard to any enrollment season restriction;

(b) If an obligor is covered but fails to make application to obtain coverage for such child, enroll such child under such health care coverage upon application by (i) the obligee without regard to any enrollment season restriction, (ii) in any case in which services are provided under Title IV-D of the federal Social Security Act, as such act existed on January 1, 2002, the county attorney or authorized attorney without regard to any enrollment season restriction, or (iii) in any case in which services are not provided under Title IV-D of the federal Social Security Act, as such act existed on January 1, 2002, the department without regard to any enrollment season restriction; and

(c) Not cancel or eliminate health care coverage for any such child unless the insurer is provided satisfactory written evidence that (i) such court or administrative order is no longer in effect or (ii) the child is or will be enrolled in comparable health care coverage through another insurer which will take effect not later than the effective date of such cancellation or elimination.

(2) An employer doing business in this state shall, in any case in which an obligor is required by a court or administrative order to provide health care coverage for a child and the obligor is eligible for family health care coverage through the employer:

(a) Permit an obligor to enroll under such health care coverage any such child who is otherwise eligible for such coverage without regard to any enrollment season restriction;

(b) If an obligor is covered but fails to make application to obtain coverage for such child, enroll such child under such health care coverage upon application by (i) the obligee without regard to any enrollment season restriction, (ii) in any case in which services are provided under Title IV-D of the federal Social Security Act, as such act existed on January 1, 2002, the county attorney or authorized attorney without regard to any enrollment season restriction, or (iii) in any case in which services are not provided under Title IV-D of the federal Social Security Act, as such act existed on January 1, 2002, the department without regard to any enrollment season restriction; and

(c) Not cancel or eliminate health care coverage for any such child unless (i) the employer is provided satisfactory written evidence that (A) such court or administrative order is no longer in effect or (B) the child is or will be enrolled in comparable health care coverage which will take effect not later than the effective date of such cancellation or elimination or (ii) the employer has eliminated family health care coverage for all of its employees.

Upon enrollment pursuant to this subsection, premiums shall be deducted from the obligor's compensation and remitted directly to the insurer. The amount withheld shall not exceed the maximum amount permitted to be withheld under section 303(b) of the federal Consumer Credit Protection Act, as such act existed on January 1, 2002. Amounts withheld pursuant to the Income Withholding for Child Support Act shall have priority over amounts withheld pursuant to this subsection. An employer receiving a national medical support notice shall transmit the notice to the plan administrator within twenty business days after receipt of the notice from the county attorney, authorized attorney, or department.

(3) If an obligor is ordered to provide health care coverage for a child in any case in which services are provided under Title IV-D of the federal Social Security Act, as such act existed on January 1, 2002, the county attorney, authorized attorney, or department shall send a national medical support notice to any employer of the obligor within two business days after receipt of information regarding employment under the New Hire Reporting Act. A national medical support notice sent by the county attorney, authorized attorney, or department to an employer pursuant to this section shall have the same effect as an enrollment application signed by the obligor. The county attorney, authorized attorney, or department shall send a copy of the national medical support notice to the obligor by mail at his or her last-known address stating:

(a) The court or administrative order upon which the enforcement action is being taken;

(b) That if the county attorney, authorized attorney, or department sends a national medical support notice to an employer, the county attorney, authorized attorney, or department will also direct the employer to withhold from the employee's compensation the employee's share of the premium for health care coverage; and

(c) That within fifteen days after receiving the notice the obligor may request a hearing to contest the enforcement action based upon evidence that (i) there is an error in the identity of the obligor, (ii) he or she has enrolled the child in an insurance plan providing coverage required by the order, (iii) the parties have stipulated to, and the court or administrative order specifically provides for, an alternative to employer-based health care coverage, or (iv) evidence that the premium cost to the obligor exceeds the amount stated in subsection (2) of this section or is otherwise unreasonable.

If a hearing is requested, the department shall hold the hearing within fifteen days after the request, and the department shall notify the obligor of its decision within fifteen days after the date the hearing is held. A national medical support notice sent by the county attorney, authorized attorney, or department to the obligor's employer shall not be held in abeyance pending the outcome of the hearing.

(4) The remedy provided in this section shall be in addition to and not in substitution for any other remedy and shall apply without regard to when the order was issued.

(5) An insurer or employer shall, upon request by the county attorney, authorized attorney, or department, provide the county attorney, authorized attorney, or department with the following information regarding an obligor required by a court or administrative order to provide health care coverage for a child: (a) The social security number; (b) the address; (c) whether the obligor has health care coverage and, if so, the policy name and number and the names of the persons covered; and (d) the cost to the obligor of enrolling.

(6) Upon receipt of a copy of a court or administrative order requiring an obligor to provide health care coverage for a child, an insurer or employer shall provide the obligee upon written request the information necessary to file an application pursuant to this section.

(7) A completed national medical support notice issued by the county attorney, authorized attorney, or department that complies with this section is a qualified medical child support order for the purposes of the federal Employee Retirement Income Security Act of 1974, 29 U.S.C. 1169(a), as such section existed on January 1, 2002.

(8) Upon the termination of employment of an obligor subject to this section, the employer shall promptly notify the county attorney, authorized attorney, or department of the termination of employment in the same manner as required for income withholding cases in accordance with subdivision (6) of section 43-1723.

(9) When there is no longer a current child support order in effect for an obligor subject to this section, the county attorney, authorized attorney, or department shall promptly notify the employer that the order is no longer in effect.

Source

Cross References

  • Income Withholding for Child Support Act, see section 43-1701.
  • New Hire Reporting Act, see section 48-2301.