Oklahoma § 43-118.2 - Employer sponsored health care coverage

§ 43-118.2. 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;

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the court order is no longer in effect,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

Oklahoma Statutes - Title 43. Marriage and Family

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, and Section 609(a)(5)(C) of

the Employee Retirement Income Security Act of 1974. 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.

Added by Laws 1994, c. 356, § 15, eff. Sept. 1, 1994. Amended by

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.