Utah Admin. Code R527-201-9 - Enforcement of Obligation to Maintain Health Insurance

(1) Appropriate steps shall be taken by ORS to ensure compliance with orders that require either parent or both parents to maintain health insurance. Parents shall demonstrate compliance by providing ORS with policy numbers and the health insurance provider name for the children for whom the medical support is ordered.

(2) If a parent has been ordered to maintain health insurance and health insurance is accessible and available at a reasonable cost, ORS shall use the NMSN to transfer notice of the health insurance provision to the parent's employer unless ORS is notified pursuant to Section 26B-9-225 that the children are already enrolled in a health insurance plan in accordance with the order.

(3) When appropriate, ORS shall send the NMSN to the parent's employer within two business days after employment information about the parent is entered in the State Directory of New Hires, has matched with ORS records, and been reported to ORS pursuant to Subsection 35A-7-105(2).

(4) The employer shall transfer the NMSN to the appropriate health insurance plan for which the children are eligible within 20 business days of the date of the NMSN if each of the following criteria are met:

(a) the parent is still employed by the employer;

(b) the employer maintains or contributes to plans providing family health insurance coverage;

(c) the parent is eligible for the health insurance coverage available through the employer; and

(d) state or federal withholding limitations, prioritization, or both, do not prevent withholding the amount required to obtain health insurance coverage.

(5) If more than one health insurance coverage option is available under a health insurance plan and the parent is not already enrolled, ORS in consultation with the custodial parent may select the least expensive option if the option complies with the child support order and benefits the children. The insurer shall enroll the children in the plan's default option or least expensive option in accordance with Subsection 26B-9-226(1)(b) unless another option is specified by ORS.

(6) The employer shall determine if the necessary employee contributions for the health insurance coverage are available. If the amounts necessary are available, the employer shall begin withholding when appropriate and remit directly to the plan.

(7) In accordance with Subsections 26B-9-225(2) and (3), the parent may contest withholding health insurance premiums based on a mistake of fact. The employer shall continue withholding under the NMSN until notified by ORS to terminate withholding health insurance premiums.

(8) If a parent successfully contests the action to enroll the children in a health insurance plan based on a mistake of fact, ORS shall notify the employer to discontinue enrollment and withholding health insurance premiums for the children.

(9) In accordance with Subsection 26B-9-306(9), the employer shall:

(a) notify ORS within five days after the parent terminates employment;

(b) provide ORS with the parent's last-known address; and

(c) provide the name and address of a new employer, if known.

(10) ORS shall promptly notify the employer when a current order for medical support is no longer in effect for which ORS is responsible.

Notes

Utah Admin. Code R527-201-9

Amended by Utah State Bulletin Number 2022-05, effective 2/22/2022 Amended by Utah State Bulletin Number 2024-21, effective 10/21/2024