2002 Minnesota Statutes

     518.171 Medical support. 

    Subdivision 1.    Order.  A completed national medical 
 support notice issued by the public authority or a court order 
 that complies with this section is a qualified medical child 
 support order as described in the federal Employee Retirement 
 Income Security Act of 1974 (ERISA) as amended by the federal 
 Omnibus Budget Reconciliation Act of 1993 (OBRA).  

    (a) Every child support order must: 

    (1) expressly assign or reserve the responsibility for 
 maintaining medical insurance for the minor children and the 
 division of uninsured medical and dental costs; and 

    (2) contain the names, last known addresses, and social 
 security numbers of the parents of the dependents unless the 
 court prohibits the inclusion of an address or social security 
 number and orders the parents to provide their addresses and 
 social security numbers to the administrator of the health 
 plan.  The court shall order the parent with the better group 
 dependent health and dental insurance coverage or health 
 insurance plan to name the minor child as beneficiary on any 
 health and dental insurance plan that is available to the parent 
 on: 

    (i) a group basis; 

    (ii) through an employer or union; or 

    (iii) through a group health plan governed under the ERISA 
 and included within the definitions relating to health plans 
 found in section 62A.011, 62A.048, or 62E.06, subdivision 2.  

 "Health insurance" or "health insurance coverage" as used in 
 this section means coverage that is comparable to or better than 
 a number two qualified plan as defined in section 62E.06, 
 subdivision 2.  "Health insurance" or "health insurance 
 coverage" as used in this section does not include medical 
 assistance provided under chapter 256, 256B, 256J, 256K, or 256D.

    (b) If the court finds that dependent health or dental 
 insurance is not available to the obligor or obligee on a group 
 basis or through an employer or union, or that group insurance 
 is not accessible to the obligee, the court may require the 
 obligor (1) to obtain other dependent health or dental 
 insurance, (2) to be liable for reasonable and necessary medical 
 or dental expenses of the child, or (3) to pay no less than $50 
 per month to be applied to the medical and dental expenses of 
 the children or to the cost of health insurance dependent 
 coverage. 

    (c) If the court finds that the available dependent health 
 or dental insurance does not pay all the reasonable and 
 necessary medical or dental expenses of the child, including any 
 existing or anticipated extraordinary medical expenses, and the 
 court finds that the obligor has the financial ability to 
 contribute to the payment of these medical or dental expenses, 
 the court shall require the obligor to be liable for all or a 
 portion of the medical or dental expenses of the child not 
 covered by the required health or dental plan.  Medical and 
 dental expenses include, but are not limited to, necessary 
 orthodontia and eye care, including prescription lenses. 

    (d) Unless otherwise agreed by the parties and approved by 
 the court, if the court finds that the obligee is not receiving 
 public assistance for the child and has the financial ability to 
 contribute to the cost of medical and dental expenses for the 
 child, including the cost of insurance, the court shall order 
 the obligee and obligor to each assume a portion of these 
 expenses based on their proportionate share of their total net 
 income as defined in section 518.551, subdivision 5. 

    (e) Payments ordered under this section are subject to 
 section 518.6111.  An obligee who fails to apply payments 
 received to the medical expenses of the dependents may be found 
 in contempt of this order. 

    Subd. 2.    Spousal or ex-spousal coverage.  The court 
 shall require the obligor to provide dependent health and dental 
 insurance for the benefit of the obligee if it is available at 
 no additional cost to the obligor and in this case the 
 provisions of this section apply. 

    Subd. 2a.    Employer and obligor responsibility.  An 
 individual shall disclose at the time of hiring if medical 
 support is required to be withheld.  If an employee discloses 
 that medical support is required to be withheld, the employer 
 shall begin withholding according to the terms of the order and 
 pursuant to section 518.6111.  If an individual discloses an 
 obligation to obtain health and dental dependent insurance 
 coverage and coverage is available through the employer, the 
 employer shall make all application processes known to the 
 individual upon hiring and enroll the employee and dependent in 
 the plan pursuant to subdivision 3. 

    Subd. 3.    Notice to employer or union.  (a) For 
 purposes of this chapter, "national medical support notice" 
 means an administrative notice issued by the public authority to 
 enforce health insurance provisions of a support order in IV-D 
 cases under the Code of Federal Regulations. 

    (b) A copy of the national medical support notice or court 
 order for insurance coverage shall be forwarded to the obligor's 
 employer or union or to the health or dental insurance carrier 
 if necessary by the obligee or the public authority responsible 
 for support enforcement only when ordered by the court or when 
 the following conditions are met: 

    (1) the obligor fails to provide written proof to the 
 obligee or the public authority, within 30 days of the effective 
 date of the court order, that the obligor has applied for 
 insurance for the child; 

    (2) the obligee or the public authority serves written 
 notice of its intent to enforce medical support.  The obligee or 
 the public authority must mail the written notice to the obligor 
 at the obligor's last known post office address; and 

    (3) the obligor fails within 15 days after the mailing of 
 the notice to provide written proof to the obligee or the public 
 authority that the obligor has applied for insurance coverage 
 for the child. 

    (c) If an obligor is ordered to carry health insurance 
 coverage for the child and has not enrolled the child in health 
 insurance coverage, the public authority must forward a copy of 
 the national medical support notice to the obligor's employer or 
 union within two business days after the date the obligor is 
 entered into the work reporting system under section 256.998. 

    Subd. 4.    Effect of order.  (a) The national medical 
 support notice or court order is binding on the employer or 
 union and the health and dental insurance plan when service 
 under subdivision 3 has been made.  In the case of an obligor 
 who changes employment and is required to provide health 
 coverage for the child, a new employer that provides health care 
 coverage shall enroll the child in the obligor's health plan 
 upon receipt of an order or notice for health insurance, unless 
 the obligor contests the enrollment.  

    (b) The obligor may contest the enrollment on the limited 
 grounds that the enrollment is improper due to mistake of fact 
 or that the enrollment meets the requirements of section 518.64, 
 subdivision 2.  If the obligor chooses to contest the 
 enrollment, the obligor must do so no later than 15 days after 
 the employer notifies the obligor of the enrollment, by doing 
 all of the following: 

    (1) filing a motion in district court or according to 
 section 484.702 and the rules of the expedited child support 
 process if the public authority provides support enforcement 
 services; 

    (2) mailing a copy of the motion to the public authority, 
 if the public authority provides support enforcement services, 
 and the obligee; and 

    (3) securing a date for the contested hearing no later than 
 45 days after the notice of enrollment. 

    The enrollment must remain in place during the time period 
 in which the obligor contests the enrollment. 

    (c) An employer or union that is included under ERISA may 
 not deny enrollment based on exclusionary clauses described in 
 section 62A.048.  Enrollment of dependents and, if necessary, 
 the obligor shall be immediate and not dependent upon open 
 enrollment periods.  Enrollment is not subject to the 
 underwriting policies described in section 62A.048.  

    (d) An employer or union that willfully fails to comply 
 with the order is liable for any health or dental expenses 
 incurred by the dependents during the period of time the 
 dependents were eligible to be enrolled in the insurance 
 program, and for any other premium costs incurred because the 
 employer or union willfully failed to comply with the order.  An 
 employer or union that fails to comply with the order is subject 
 to contempt under section 518.615 and is also subject to a fine 
 of $500 to be paid to the obligee or public authority.  Fines 
 paid to the public authority are designated for child support 
 enforcement services. 

    (e) Failure of the obligor to execute any documents 
 necessary to enroll the dependent in the group health and dental 
 insurance plan will not affect the obligation of the employer or 
 union and group health and dental insurance plan to enroll the 
 dependent in a plan.  Information and authorization provided by 
 the public authority responsible for child support enforcement, 
 or by the obligee or guardian, is valid for the purposes of 
 meeting enrollment requirements of the health plan.  

    (f) The insurance coverage for a child eligible under 
 subdivision 5 shall not be terminated except as authorized in 
 subdivision 5. 

    Subd. 4a.    Employer, union and health plan administrator 
 requirements.  (a) An employer or union must forward the 
 national medical support notice or court order to its health 
 plan within 20 business days after the date on the national 
 medical support notice or after receipt of the court order. 

    (b) If a health plan administrator receives a completed 
 national medical support notice or court order, the plan 
 administrator must notify the parties and the public authority 
 if the public authority provides support enforcement services 
 within 40 business days after the date of the notice or after 
 receipt of the court order, of the following: 

    (1) whether coverage is available to the child under the 
 terms of the health plan; 

    (2) whether the child is covered under the health plan; 

    (3) the effective date of the child's coverage under the 
 health plan; and 

    (4) what steps, if any, are required to effectuate the 
 child's coverage under the health plan.  The plan administrator 
 must also provide the parties and the public authority if the 
 public authority provides support enforcement services with a 
 notice of enrollment of the child, description of the coverage, 
 and any documents necessary to effectuate coverage. 

    (c) Upon determination by the health plan administrator 
 that the child may be covered under the health plan, the 
 employer or union and health plan must enroll the child as a 
 beneficiary in the health plan and withhold any required 
 premiums from the income or wages of the obligor. 

    (d) If more than one plan is offered by the employer or 
 union and the national medical support notice or court order 
 does not specify the plan to be carried, the plan administrator 
 must notify the parents and the public authority if the public 
 authority provides support enforcement services. 

    (e) If enrollment of the obligor is necessary to obtain 
 dependent health care coverage under the plan and the obligor is 
 not enrolled in the health plan, the employer or union must also 
 enroll the obligor in the plan. 

    Subd. 5.    Disenrollment; coverage options.  (a) Unless 
 a court order provides otherwise, a minor child that an obligor 
 is required to cover as a beneficiary pursuant to this section 
 is eligible for insurance coverage as a dependent of the obligor 
 until the child is emancipated, until further order of the 
 court, or as consistent with the terms of coverage.  The health 
 or dental insurance carrier or employer may not disenroll or 
 eliminate coverage of the child unless the health or dental 
 insurance carrier or employer is provided satisfactory written 
 evidence that the court order is no longer in effect, or the 
 child is or will be enrolled in comparable health coverage 
 through another health or dental insurance plan that will take 
 effect no later than the effective date of the disenrollment, or 
 the employee is no longer eligible for dependent coverage, or 
 that the required premium has not been paid by or on behalf of 
 the child.  The health or dental insurance plan must provide 30 
 days' written notice to the child's parents and the public 
 authority if the public authority provides support enforcement 
 services prior to the disenrollment or elimination of coverage 
 for the child. 

    (b) If the public authority provides support enforcement 
 services and a plan administrator reports to the public 
 authority that there is more than one coverage option available 
 under the health plan, the public authority, in consultation 
 with the parent with whom the child resides, must promptly 
 select coverage from the available options. 

    Subd. 6.    Plan reimbursement; correspondence and notice. 
  (a) The signature of either parent of the insured dependent 
 is a valid authorization to a health or dental insurance plan 
 for purposes of processing an insurance reimbursement payment to 
 the provider of the medical services or to the parent who has 
 prepaid for the medical services. 

    (b) The health or dental insurance plan shall send copies 
 of all correspondence regarding the insurance coverage to both 
 parents.  When an order for dependent insurance coverage is in 
 effect and the obligor's employment is terminated, or the 
 insurance coverage is terminated, the health or dental insurance 
 plan shall notify the obligee within ten days of the termination 
 date with notice of conversion privileges. 

    Subd. 7.    Release of information.  When an order for 
 dependent insurance coverage is in effect, the obligor's 
 employer, union, or insurance agent shall release to the obligee 
 or the public authority, upon request, information on the 
 dependent coverage, including the name of the health or dental 
 insurance carrier or employer.  The employer, union, or health 
 or dental insurance plan shall provide the obligee with 
 insurance identification cards and all necessary written 
 information to enable the obligee to utilize the insurance 
 benefits for the covered dependents.  Notwithstanding any other 
 law, information reported pursuant to section 268.044 shall be 
 released to the public agency responsible for support 
 enforcement that is enforcing an order for health or dental 
 insurance coverage under this section.  The public agency 
 responsible for support enforcement is authorized to release to 
 the obligor's health or dental insurance carrier or employer 
 information necessary to obtain or enforce medical support. 

    Subd. 8.    Obligor liability.  (a) An obligor who fails 
 to maintain medical or dental insurance for the benefit of the 
 children as ordered or fails to provide other medical support as 
 ordered is liable to the obligee for any medical or dental 
 expenses incurred from the effective date of the court order, 
 including health and dental insurance premiums paid by the 
 obligee because of the obligor's failure to obtain coverage as 
 ordered.  Proof of failure to maintain insurance or 
 noncompliance with an order to provide other medical support 
 constitutes a showing of increased need by the obligee pursuant 
 to section 518.64 and provides a basis for a modification of the 
 obligor's child support order. 

    (b) Payments for services rendered to the dependents that 
 are directed to the obligor, in the form of reimbursement by the 
 health or dental insurance carrier or employer, must be endorsed 
 over to and forwarded to the vendor or obligee or public 
 authority when the reimbursement is not owed to the obligor.  An 
 obligor retaining insurance reimbursement not owed to the 
 obligor may be found in contempt of this order and held liable 
 for the amount of the reimbursement.  Upon written verification 
 by the health or dental insurance carrier or employer of the 
 amounts paid to the obligor, the reimbursement amount is subject 
 to all enforcement remedies available under subdivision 10, 
 including income withholding pursuant to section 518.6111.  The 
 monthly amount to be withheld until the obligation is satisfied 
 is 20 percent of the original debt or $50, whichever is greater. 

    Subd. 9.    Application for service.  The public agency 
 responsible for support enforcement shall take necessary steps 
 to implement and enforce an order for dependent health or dental 
 insurance whenever the children receive public assistance, or 
 upon application of the obligee to the public agency and payment 
 by the obligee of any fees required by section 518.551. 

    Subd. 10.    Enforcement.  Remedies available for the 
 collection and enforcement of child support apply to medical 
 support.  For the purpose of enforcement, the costs of 
 individual or group health or hospitalization coverage, dental 
 coverage, all medical costs ordered by the court to be paid by 
 the obligor, including health and dental insurance premiums paid 
 by the obligee because of the obligor's failure to obtain 
 coverage as ordered, or liabilities established pursuant to 
 subdivision 8, are additional child support.  

    HIST: 1986 c 404 s 13; 1986 c 444; 1987 c 403 art 3 s 77; 1988 
 c 668 s 13; 1990 c 568 art 3 s 91-94; 1993 c 322 s 8; 1993 c 340 
 s 21-29; 1994 c 630 art 11 s 6,7; 1995 c 207 art 10 s 15-20; 
 1995 c 257 art 1 s 19; 1997 c 66 s 79; 1997 c 203 art 6 s 
 38,39,92; 1999 c 159 s 135; 1999 c 196 art 2 s 8; 2001 c 51 s 
 3-7; 2002 c 344 s 8-12