19-11-29
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19-11-29.
(a)
Any person or entity providing access to accident and sickness insurance
coverage on behalf of a support obligor in connection with the obligor´s
employment or union shall be liable for a civil penalty not to exceed $1,000.00
per occurrence for willful failure to enroll promptly, without regard to
enrollment season restrictions, a dependent in an accident and sickness
insurance plan under an order of medical support or a notice of enrollment;
provided, however, that no liability shall exist where such person or entity
acts in accordance with subsection (g) of Code Section 19-11-27.
(b)
Insurers shall not deny enrollment of a child under subsection (a) of this Code
section in a parent´s health insurance coverage on the ground that the
child was born out of wedlock, is not claimed as a dependent on the
parent´s federal income tax return, or does not reside with the parent or
in the insurer´s service area.
(c)
Any person or entity providing access to accident and sickness insurance
coverage on behalf of a support obligor shall be liable for a civil penalty not
to exceed $1,000.00 per occurrence for the disenrollment by the employee, or
elimination of coverage of the child, unless the employee provides written proof
that the child has been enrolled or will be enrolled in comparable insurance
coverage, with the coverage to take effect no later than the effective date of
disenrollment; provided, however, that no liability shall exist where such
person or entity acts in accordance with subsection (d) of Code Section
19-11-26.
(d)
The department may recover the civil penalty provided for in this Code section
by civil action or pursuant to any remedy otherwise available for the
enforcement of court orders.