§ 1169.
(a)
Group health plan coverage pursuant to medical child support orders
(2)
Definitions
For purposes of this subsection—
(A)
Qualified medical child support order
The term “qualified medical child support order” means a medical child support order—
(i)
which creates or recognizes the existence of an alternate recipient’s right to, or assigns to an alternate recipient the right to, receive benefits for which a participant or beneficiary is eligible under a group health plan, and
(ii)
with respect to which the requirements of paragraphs (3) and (4) are met.
(B)
Medical child support order
The term “medical child support order” means any judgment, decree, or order (including approval of a settlement agreement) which—
(i)
provides for child support with respect to a child of a participant under a group health plan or provides for health benefit coverage to such a child, is made pursuant to a State domestic relations law (including a community property law), and relates to benefits under such plan, or
(ii)
is made pursuant to a law relating to medical child support described in section 1908 of the Social Security Act [
42 U.S.C. 1396g–1] (as added by section 13822
1
So in original. Probably should be section “13623”.
of the Omnibus Budget Reconciliation Act of 1993) with respect to a group health plan,
if such judgment, decree, or order (I) is issued by a court of competent jurisdiction or (II) is issued through an administrative process established under State law and has the force and effect of law under applicable State law. For purposes of this subparagraph, an administrative notice which is issued pursuant to an administrative process referred to in subclause (II) of the preceding sentence and which has the effect of an order described in clause (i) or (ii) of the preceding sentence shall be treated as such an order.
(3)
Information to be included in qualified order
A medical child support order meets the requirements of this paragraph only if such order clearly specifies—
(A)
the name and the last known mailing address (if any) of the participant and the name and mailing address of each alternate recipient covered by the order, except that, to the extent provided in the order, the name and mailing address of an official of a State or a political subdivision thereof may be substituted for the mailing address of any such alternate recipient,
(B)
a reasonable description of the type of coverage to be provided to each such alternate recipient, or the manner in which such type of coverage is to be determined, and
(C)
the period to which such order applies.
(4)
Restriction on new types or forms of benefits
(5)
Procedural requirements
(A)
Timely notifications and determinations
In the case of any medical child support order received by a group health plan—
(i)
the plan administrator shall promptly notify the participant and each alternate recipient of the receipt of such order and the plan’s procedures for determining whether medical child support orders are qualified medical child support orders, and
(ii)
within a reasonable period after receipt of such order, the plan administrator shall determine whether such order is a qualified medical child support order and notify the participant and each alternate recipient of such determination.
(B)
Establishment of procedures for determining qualified status of orders
Each group health plan shall establish reasonable procedures to determine whether medical child support orders are qualified medical child support orders and to administer the provision of benefits under such qualified orders. Such procedures—
(ii)
shall provide for the notification of each person specified in a medical child support order as eligible to receive benefits under the plan (at the address included in the medical child support order) of such procedures promptly upon receipt by the plan of the medical child support order, and
(iii)
shall permit an alternate recipient to designate a representative for receipt of copies of notices that are sent to the alternate recipient with respect to a medical child support order.
(C)
National Medical Support Notice deemed to be a qualified medical child support order
(ii)
Enrollment of child in plan
In any case in which an appropriately completed National Medical Support Notice is issued in the case of a child of a participant under a group health plan who is a noncustodial parent of the child, and the Notice is deemed under clause (i) to be a qualified medical child support order, the plan administrator, within 40 business days after the date of the Notice, shall—
(I)
notify the State agency issuing the Notice with respect to such child whether coverage of the child is available under the terms of the plan and, if so, whether such child is covered under the plan and either the effective date of the coverage or, if necessary, any steps to be taken by the custodial parent (or by the official of a State or political subdivision thereof substituted for the name of such child pursuant to paragraph (3)(A)) to effectuate the coverage; and
(II)
provide to the custodial parent (or such substituted official) a description of the coverage available and any forms or documents necessary to effectuate such coverage.
(iii)
Rule of construction
(6)
Actions taken by fiduciaries
(7)
Treatment of alternate recipients
(A)
Treatment as beneficiary generally
(B)
Treatment as participant for purposes of reporting and disclosure requirements
(8)
Direct provision of benefits provided to alternate recipients
(9)
Payment to State official treated as satisfaction of plan’s obligation to make payment to alternate recipient
(b)
Rights of States with respect to group health plans where participants or beneficiaries thereunder are eligible for medicaid benefits
(1)
Compliance by plans with assignment of rights
(2)
Enrollment and provision of benefits without regard to medicaid eligibility
(3)
Acquisition by States of rights of third parties
(c)
Group health plan coverage of dependent children in cases of adoption
(1)
Coverage effective upon placement for adoption
(2)
Restrictions based on preexisting conditions at time of placement for adoption prohibited
(3)
Definitions
For purposes of this subsection—
(B)
Placement for adoption
([Pub. L. 93–406, title I, § 609], as added [Pub. L. 103–66, title IV, § 4301(a)], Aug. 10, 1993, [107 Stat. 371]; amended [Pub. L. 104–193, title III, § 381(a)], Aug. 22, 1996, [110 Stat. 2257]; [Pub. L. 105–33, title V], §§ 5611(a), (b), 5612(a), 5613(a), (b), Aug. 5, 1997, [111 Stat. 647], 648; [Pub. L. 105–200, title IV, § 401(d)], (h)(2)(A)(iii), (B), (3)(A), July 16, 1998, [112 Stat. 662], 668.)