63.2-1924.1 - Health care coverage; National Medical Support Notice.

§ 63.2-1924.1. Health care coverage; National Medical Support Notice.

A. All child support orders established and enforced pursuant to this titleshall include a provision for health care coverage of dependent children. TheDepartment shall use the National Medical Support Notice (NMSN) to enforcethe provision of health care coverage through an employment-related grouphealth plan pursuant to a child support order if available at a reasonablecost, as that term is defined in § 63.2-1900, unless a court oradministrative order stipulates alternative health care coverage toemployer-based coverage.

B. The Department shall transfer the NMSN to employers within two businessdays following the date of entry into the State Directory of New Hires of anemployee who is obligated to pay child support or to provide health carecoverage pursuant to this title. Employers shall transfer the NMSN to theappropriate group plan providing the health care coverage for each eligiblechild (excluding the severable Notice to Withhold for Health Care Coveragedirecting the employer to withhold any mandatory employee contributions tothe plan) within twenty business days after the date of the NMSN. TheDepartment, in consultation with the custodial parent, shall promptly selectfrom available plan options when the plan administrator reports that there ismore than one option available under the plan.

C. Employers shall withhold any obligation of the employee for employeecontribution necessary for coverage of each eligible child and send anyamount withheld directly to the plan. An employee obligated for contributionnecessary for coverage may contest the withholding based on a mistake offact. If the employee contests the withholding, the employer shall continueto withhold the obligation necessary for coverage until the employer receivesnotice that the contest is resolved in favor of the employee.

D. Employers shall notify the Department promptly whenever the employment ofa parent ordered to provide health care coverage is terminated in the samemanner as required for income withholding pursuant to § 20-79.3. TheDepartment shall promptly notify an employer when there is no longer acurrent order for health care coverage in effect for which the Department isresponsible.

(2002, c. 844, § 63.1-250.3:1; 2009, c. 713.)