Guam § 34128 - Health Care Insurance Mandatory.

§ 34128. Health Care Insurance Mandatory.

(a) Whenever the Superior Court of Guam issues or modifies an order concerning [child support],

including provisions for child support in divorce decrees, the court shall include health care insurance

coverage for the child or children as part of both parents obligation of support for health insurance if health

care insurance is available at a reasonable cost. The court shall determine the burden of obligation of support

for health insurance from either or from both parents in the best interest of the child or children. Any order

for health care insurance shall be enforceable against the custodial parent and/or the non-custodial parent.

(b) When an obligor is ordered to provide health insurance for a minor child, the child is eligible for

health care coverage as a dependent of the obligor until the child’s eighteenth (18th) birthday or until further

order of the court, and without regard to open enrollment restrictions.

(c) If health care coverage through an employment-related group health care plan is available through

the obligors employer, the Child Support Enforcement Office shall send a National Medical Support Notice

(NMSN) to the employer to transfer notice of the court-ordered provision for health care coverage; except

that the NMSN need not be used if a court or administrative order provides for alternative coverage other

than an employer-related health care plan. If a current order for medical support is no longer in effect, then

the Child Support Enforcement Office shall promptly notify the employer. The form of NMSN was printed

as an appendix to 65 Fed. Reg. 82154 (2000) (a portion of which was codified as 45 C.F.R. § 303.32 without

appendix).

(d) In addition to the provisions of this § 34128 or the provisions of § 34307 in this Title, within two

(2) working days after the date information regarding a newly hired employee is entered into the Directory

of New Hires, the Child Support Enforcement Office shall transfer the NMSN to the employer of an obligor

whenever the child receives:

(1) temporary assistance for needy families or foster care or Medicaid assistance; or

(2) services which are provided upon application of a custodial parent to the Department.

(e) An employer who has received an NMSN must transfer it to the plan administrator of the

appropriate group health plan within twenty (20) business days of the date of the NMSN. If an employer

who has received an NMSN fails to transfer the NMSN to the plan administrator of the appropriate group

health plan within the twenty (20) business-day period, then in a proceeding to enforce the transfer, the

court may impose a fine on the employer of up to Two Hundred Dollars ($200.00) per calendar day that the

employer has failed to transfer the NMSN to the plan administrator to be paid to the General Fund, except

that if the employer is found to have willfully refused to comply with transferring the NMSN, then the court

may assess up to Five Hundred Dollars ($500.00) per calendar day. A business day as used in this

Subsection (e) shall mean a day on which the government of Guam is open for business.

(f) An employer must withhold from the obligors compensation the obligors share, if any, of premiums

for health care coverage and pay amounts withheld directly to the health insurance provider; except that, if

the amount required to be withheld for health care coverage, either alone or when added to the total of any

withholding required by a child support order, exceeds fifty percent (50%) of the obligors disposable

income, then the employer shall withhold fifty percent (50%) of the obligors disposable income, and shall

apply the amount withheld first to the obligors share of premiums for health care coverage.

COL 2024-12-05

TITLE 5 GOVERNMENT OPERATIONS

(g) The obligor may contest the withholding for health care coverage at any time, but only on the basis

of mistake of fact. To contest, the obligor must file a written request for a hearing with the Child Support

Enforcement Office, which shall put the matter on for hearing, and the court shall determine whether the

withholding for health care coverage is improper due to a mistake of fact. Regardless of any contest filed

or which is pending, the employer shall initiate withholding or continue withholding for health care

coverage. The Child Support Enforcement Office shall notify the employer of the courts determination only

if the withholding is affected in any manner.

(h) So long as an obligor is employed, the employer of the obligor may not dis-enroll or eliminate

coverage for any of the obligors children covered, unless the employer has eliminated family health

coverage for all of its employees, or unless the employer is notified in writing by the Child Support

Enforcement Office either that the order for health coverage is no longer in effect, or that the child is or

will be enrolled in comparable coverage which will take effect no later than the effective date of dis-

enrollment.

(i) An employer must notify promptly the Child Support Enforcement Office whenever the non-

custodial parents employment is terminated, along with the non-custodial parents last known address and

the name and address of the non-custodial parents new employer, if known.

(j) Whenever a custodial or non-custodial parent incurs uninsured but necessary health care costs of

their children, the parent incurring the costs may present receipts to the court and the court may decide upon

a reimbursement plan and enter an order for payment by one parent to the other. The reimbursement plan

shall be in proportion to each parents respective percentages of income according to child support

guidelines.

(k) If the obligors employer has more than one (1) option for health care coverage available, the Child

Support Enforcement Office must promptly select one (1) of the options after consulting with the custodial

parent.