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Session Laws, 1994
Volume 773, Page 1261   View pdf image
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WILLIAM DONALD SCHAEFER, Governor

Ch. 113

5. 7. CLAIM FORMS.

(3) THE EMPLOYER SHALL DEDUCT THE PREMIUMS FOR THE HEALTH
INSURANCE COVERAGE FROM THE EARNINGS OF THE PARENT AND PAY THE
PREMIUMS TO THE HEALTH INSURANCE INSURER TO THE EXTENT CONSISTENT
WITH FEDERAL LAW.

(F) AN EMPLOYER OR THE CHILD'S PARENTS SHALL NOT DISENROLL OR
ELIMINATE COVERAGE FOR THE CHILD IN ANY MANNER UNLESS:

(1) THE EMPLOYER IS PROVIDED SATISFACTORY WRITTEN EVIDENCE
THAT:

(I) THE COURT OR ADMINISTRATIVE ORDER IS NO LONGER IN
EFFECT; OR

(II) THE CHILD HAS BEEN OR WILL BE ENROLLED UNDER
COMPARABLE HEALTH INSURANCE COVERAGE, WITH THE COVERAGE TO TAKE
EFFECT NO LATER THAN THE EFFECTIVE DATE OF DISENROLLMENT.

(2) THE EMPLOYER HAS ELIMINATED FAMILY HEALTH COVERAGE FOR
ALL OF ITS EMPLOYEES.

(G) (1) IF THE HEALTH INSURANCE COVERAGE FOR THE CHILD
TERMINATES, THE EMPLOYER SHALL NOTIFY THE OTHER PARENT AND, IF A
SUPPORT ENFORCEMENT AGENCY IS INVOLVED IN THE CASE, THE SUPPORT
ENFORCEMENT AGENCY WITHIN 15 DAYS OF THE NOTICE OF TERMINATION.

(2) IF, AFTER A LAPSE IN HEALTH INSURANCE COVERAGE, HEALTH
INSURANCE COVERAGE BECOMES AVAILABLE TO THE PARENT FOR THE CHILD, THE
EMPLOYER SHALL:

(I) ENROLL THE CHILD IN HEALTH INSURANCE COVERAGE
WITHOUT REGARD TO ANY ENROLLMENT SEASON RESTRICTIONS; AND

(II) WITHIN 15 DAYS AFTER HEALTH INSURANCE COVERAGE
BECOMES AVAILABLE, PROVIDE NOTICE TO THE SUPPORT ENFORCEMENT AGENCY
AND THE OTHER PARENT OF THE ENROLLMENT.

(H) (1) AN EMPLOYER WHO FAILS TO COMPLY WITH SUBSECTION (E) OR
SUBSECTION (G) OF THIS SECTION MAY BE LIABLE FOR ANY NECESSARY MEDICAL
EXPENSES OF THE CHILD.

(2) SUBJECT TO THE PROVISIONS OF THIS SECTION, THE PARENT OR
THE SUPPORT ENFORCEMENT AGENCY MAY BRING A CIVIL ACTION AGAINST AN
EMPLOYER WHO WILLFULLY VIOLATES THE PROVISIONS OF THIS SECTION.

(I) THIS SECTION DOES NOT LIMIT THE AUTHORITY OF A COURT TO ENTER,
MODIFY, OR ENFORCE AN ORDER REQUIRING PAYMENT OF UNINSURED HEALTH
EXPENSES, HEALTH CARE COSTS, OR HEALTH INSURANCE PREMIUMS.

(J) AN EMPLOYER MAY NOT USE THE EXISTENCE OF AN ORDER REQUIRING
HEALTH INSURANCE COVERAGE AS A BASIS FOR;

- 1261 -

 

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Session Laws, 1994
Volume 773, Page 1261   View pdf image
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