2006 Code of Virginia § 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 pursuant to this title.Employers shall transfer the NMSN to the appropriate group plan providing thehealth care coverage for each eligible child (excluding the severable Noticeto Withhold for Health Care Coverage directing the employer to withhold anymandatory employee contributions to the plan) within twenty business daysafter the date of the NMSN. The Department, in consultation with thecustodial parent, shall promptly select from available plan options when theplan administrator reports that there is more than one option available underthe 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 noncustodialparent's employment is terminated in the same manner as required for incomewithholding pursuant to 20-79.3. The Department shall promptly notify anemployer when there is no longer a current order for health care coverage ineffect for which the Department is responsible.

(2002, c. 844, 63.1-250.3:1.)