§ 38-71-250 — Duties of insurer as to court-ordered health care coverage for child of eligible parent.

If, pursuant to a court order which meets the specifications of Section 63-17-2110, a parent is required to provide health coverage for a child and the parent is eligible for family health coverage through a health insurer, including a group health plan as defined in Section 607(1) of the Employee Retirement Income Security Act of 1974 or health maintenance organization as defined in Section 38-33-20, the insurer shall: (1) permit the parent to enroll, under the family coverage, a child who is otherwise eligible for the coverage without regard to any enrollment season restrictions; (2) if the parent is enrolled but fails to make application to obtain coverage for the child, enroll the child under family coverage upon application of: (a) the child's other parent; (b) the state agency administering the Medicaid program; or (c) the state agency administering 42 U.S.C. Sections 651 to 669, the child support enforcement program; and (3) continue coverage of the child unless the insurer is provided satisfactory written evidence that the: (a) court order is no longer in effect; (b) child is or will be enrolled in comparable health coverage through another insurer which will take effect not later than the effective date of disenrollment; or (c) employer has eliminated family health coverage for all of its employees.

Legislative History

HISTORY: 1994 Act No. 481, SECTION 3.