(1) If
a parent has been ordered to provide health insurance, as defined in section 14-14-102 (4.7), C.R.S., and such insurance is available at a reasonable cost consistent
with the provisions of section 14-10-115 (10)(g), C.R.S., the delegate child support
enforcement unit shall use the federally mandated national medical support notice
to provide notice of the insurance provision to that parent's employer unless the
child or children are already enrolled in a health insurance plan in accordance with
the order.
(2) The national medical support notice shall be sent to the employer by
means of first-class mail. The notice shall be continuing and shall remain in effect
and be binding upon any current or successor employer upon whom it is served until
further notice by the court or by the delegate child support enforcement unit.
Receipt of the national medical support notice by the employer shall confer
jurisdiction of the court over the employer. A notice describing the rights and
conditions in paragraphs (a) to (c) of subsection (3) of this section shall be sent to
the obligor by first-class mail.
(3) (a) The obligor shall be provided with a copy of the national medical
support notice upon submitting a written request to the delegate child support
enforcement unit. The obligor shall have ten days from the date the notice
describing the rights and conditions in paragraphs (a) to (c) of this subsection (3) is
mailed to the obligor in which to file a written objection with the delegate child
support enforcement unit based only upon one of the following mistakes of fact:
(I) There is a mistake in identity and the employee is not the obligor; or
(II) There is no court order to provide health insurance.
(b) The delegate child support enforcement unit shall have ten days from the
date the objection is mailed by the obligor to resolve the mistake of fact. The
delegate child support enforcement unit shall immediately notify the obligor in
writing, by first-class mail, of its decision. If the delegate child support enforcement
unit agrees with the obligor, it shall immediately send a notice, by first-class mail,
to the employer to terminate the national medical support notice.
(c) If the obligor does not agree with the decision of the delegate child
support enforcement unit, he or she may file a written objection with the court.
Upon any determination by the court which results in a finding in favor of the
obligor, the delegate child support enforcement unit shall immediately mail a
notice of termination of the national medical support notice to the employer and to
the obligor, by first-class mail. The termination of the health insurance shall only be
prospective and the employee shall not be entitled to any reimbursement for any
premiums withheld or deducted from his or her wage prior to the plan
administrator's prompt termination of the deduction for health insurance.
(4) (a) The employer shall complete the employer response, if applicable,
attached to part A of the national medical support notice, which part A includes
information for and responsibilities of the employer, and shall return the employer
response to the delegate child support enforcement unit within twenty business
days after the date of the notice.
(b) If the employer does not maintain or contribute to family health insurance
coverage or if the obligor is not eligible for family health insurance coverage
through his or her employer or if the obligor is no longer employed with that
employer, then the employer shall specify such relevant circumstances or
conditions in the employer response and shall return part A of the national medical
support notice to the delegate child support enforcement unit.
(c) If none of the circumstances or conditions described in paragraph (b) of
this subsection (4) apply, then the employer shall complete the applicable sections
of the employer response and transfer part B of the national medical support notice
to the appropriate plan administrator within twenty business days after the date of
such notice. If the employer offers a number of different types of benefits through
separate health insurance plans, the employer shall send copies of part B to each
appropriate plan administrator.
(d) Any employer who fails to comply with the time frames stated in this
subsection (4) may be found by the court to be in contempt of court.
(5) (a) The plan administrator shall complete and return part B of the
national medical support notice to the delegate child support enforcement unit
within forty business days after the date of such notice.
(b) If the plan administrator determines that the national medical support
notice is not a qualified medical child support order, the plan administrator shall
specify on part B the basis for such determination.
(c) If the plan administrator determines that the national medical support
notice is a qualified medical child support order, the plan administrator shall
complete the appropriate parts of the plan administrator response. Upon
enrollment of the child or children, the plan administrator shall provide the
following information to the delegate child support enforcement unit: The names of
the persons covered by the health insurance plan; the complete name, address, and
telephone number of the insurance carrier; and the applicable policy and group
number of the health insurance plan. The plan administrator shall furnish the
obligee with a description of the health insurance coverage available, any required
forms, information describing the steps needed to effectuate such coverage, and
the effective date of the coverage.
(d) If the plan administrator reports on part B of the national medical support
notice that the obligor is not enrolled in a plan, as defined in section 14-14-102 (6.5),
C.R.S., and more than one option is available under the plan, the plan administrator
shall provide to the delegate child support enforcement unit a summary plan
description of each option including the additional participant contribution required
by each option and whether there is a limited service area with any option. The
delegate child support enforcement unit shall forward the information to the
obligee. The obligee shall select one of the available options. Within twenty
business days after the date the plan administrator's response was sent to the
delegate child support enforcement unit, the delegate child support enforcement
unit shall notify the plan administrator of the selection. If the delegate child
support enforcement unit does not reply to the plan administrator, the plan
administrator shall enroll the child or children in the least costly plan otherwise
available to the obligor for the benefit of the child or children.
(e) Promptly after enrollment, the plan administrator shall notify the obligor
that coverage of the child or children is or will become available and the date the
coverage takes effect. The obligor may file a written objection with the court after
the date of the notice of such enrollment by the plan administrator if the premium
amount does not meet the definition of reasonable cost as provided in section 14-10-115 (10)(g), C.R.S. Upon any determination by the court which results in a finding
in favor of the obligor, the delegate child support enforcement unit shall
immediately mail a notice of termination of the national medical support notice to
the obligor and to the employer by first-class mail. The termination of the health
insurance shall only be prospective and the obligor shall not be entitled to any
reimbursement for any premiums withheld or deducted from his or her wage prior
to the plan administrator's prompt termination of the deduction for health
insurance.
(f) If the plan administrator indicates that the child or children are enrolled in
an option under the plan for which the employer has determined that the obligor's
contribution exceeds the maximum amount allowed to be withheld under state and
federal withholding limitations or prioritization, then the employer shall indicate the
same and return part A of the national medical support notice to the delegate child
support enforcement unit. Upon notification from the plan administrator that the
child or children are enrolled, the employer shall withhold from the obligor's income
any employee contribution and transfer the contribution to the appropriate plan or,
if appropriate, notify the delegate child support enforcement unit that enrollment
cannot be completed because of limitations or prioritization on withholding.
(g) Any employer who fails to comply with the time frames stated in this
subsection (5) may be found by the court to be in contempt of court.
(6) The employer shall initiate withholding until and unless the employer
receives notice from the delegate child support enforcement unit that the obligor is
not responsible for the child's or children's health insurance coverage.
(7) The employer shall notify the plan administrator when an obligor has
completed a waiting period or has otherwise met eligibility requirements for
coverage.
(8) The national medical support notice shall not be terminated or modified
except for the reasons set forth in section 14-14-112 (2)(h), C.R.S.
(9) If the national medical support notice is terminated or modified, then the
employer shall comply with the provisions of section 14-14-112 (2)(k), C.R.S.,
regarding termination of coverage.
(10) An employer who is served with a national medical support notice shall
follow the provisions of section 14-14-112 (2)(g) and (6), C.R.S., regarding notification
of the termination of employment by the named obligor.
(11) Any employer who wrongfully fails to comply with this section may be
subject to the sanctions set forth in section 14-14-112 (5), C.R.S.
(12) An employer shall neither refuse to hire a person nor discharge or take
disciplinary action against an employee because of service of the national medical
support notice pursuant to this section. Any person who violates this subsection (12)
may be found by the court to be in contempt of court. If an employer discharges an
employee in violation of the provisions of this section, the employee may, within
ninety days, bring a civil action for the recovery of wages lost as a result of the
violation and for an order requiring the reinstatement of the employee. Damages
recoverable shall be lost wages not to exceed six weeks, costs, and reasonable
attorney fees.
(13) An employer who complies with a national medical support notice to
deduct for health insurance benefits pursuant to this section shall not be liable to
the obligor for wrongful withholding.
(14) The delegate child support enforcement unit shall comply with the
provisions of section 14-14-112 (9), C.R.S., when the order for medical support is
modified or terminated.
(15) Deductions for health insurance shall also be ordered by a delegate
child support enforcement unit under the provisions of the Colorado
Administrative Procedure Act for the Establishment and Enforcement of Child
Support, created in article 13.5 of this title.