Arkansas

Family Law

Family Law

Section 9-14-516 – Enforcing medical support in Title IV-D cases

(a) In all cases in which either parent is ordered to provide medical support and the court order is enforced by the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration under Title IV-D of the Social Security Act, 42 U.S.C. § 651 et seq., the office shall utilize the National Medical Support Notice in compliance with federal regulations 45 C.F.R. § 303.32 and 29 C.F.R. § 2590 as they existed on March 27, 2001.
(b) Unless the court or administrative order stipulates alternative coverage, the office shall send the National Medical Support Notice to the employer or payor within two (2) business days of receiving employment information or matching with employer information contained in the New Hire Directory.
(c) Immediately upon receipt of the National Medical Support Notice, the employer or payor shall deduct from wages or other income an amount sufficient to cover the cost of the healthcare premiums and shall forward that amount to the healthcare plan administrator.
(d)

(1) The Consumer Credit Protection Act, 15 U.S.C. § 1671– 1677, limits shall apply to the combined total withheld for both child support and medical coverage.
(2) Income withholding for child support shall take priority over the deduction for healthcare premiums.
(e) The employer or payor shall transmit the National Medical Support Notice to the healthcare plan administrator no later than twenty (20) business days after the date of the notice.
(f)

(1) The healthcare plan administrator shall complete the enrollment requirements for the child and notify the parents and the child, if the child resides at an address other than the address of the custodial parent, that coverage is or will become available.
(2) The health plan administrator shall also furnish the custodial parent, within forty (40) business days after the posting date of the National Medical Support Notice, the following:

(A) A description of the coverage;
(B) The effective date of the coverage; and
(C) Any forms or documents necessary to effectuate the coverage.
(g) The office, in consultation with the custodial parent, shall promptly select from available plan options when the plan administrator reports that there is more than one (1) option available under the plan.
(h)

(1)

(A) The obligor may contest the income withholding for healthcare premiums based on a mistake of fact by objecting, within twenty (20) days after receipt of the notice, to the court or its representative.
(B) Notice of the objection shall be provided to the office.
(2) In order for the child to be enrolled in the health plan while the matter is being reviewed, the employer shall:

(A) Implement withholding immediately; and
(B) Forward the National Medical Support Notice to the health plan administrator.
(i) The employer shall notify the office promptly when the employment of the obligor is terminated and provide the office:

(1) The obligor’s last known address; and
(2) The name and address of the obligor’s employer, if known.
(j) The office shall notify the employer when there is no longer a current order for medical support in effect for which the Title IV-D agency is responsible.

Ark. Code § 9-14-516

Acts 2003, No. 1020, § 17