26B-9-225.  Enrollment of child in accident and health insurance plan — Order — Notice.

(1)  The office may issue a notice to existing and future employers or unions to enroll a dependent child in an accident and health insurance plan that is available through the dependent child’s parent or legal guardian‘s employer or union, when the following conditions are satisfied:

Terms Used In Utah Code 26B-9-225

(a) a son or daughter under the age of 18 years who is not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States;
(b) a son or daughter over the age of 18 years, while enrolled in high school during the normal and expected year of graduation and not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States; or
(c) a son or daughter of any age who is incapacitated from earning a living and is without sufficient means. See Utah Code 26B-9-201
  • Dependent: A person dependent for support upon another.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardian: includes a person who:Utah Code 68-3-12.5
  • Income: means the same as that term is defined in Section 26B-9-101. See Utah Code 26B-9-201
  • Office: means the Office of Recovery Services. See Utah Code 26B-9-201
  • Parent: means a natural parent or an adoptive parent of a dependent child. See Utah Code 26B-9-201
  • Support: includes past-due, present, and future obligations established by:
    (a) a tribunal or imposed by law for the financial support, maintenance, medical, or dental care of a dependent child; and
    (b) a tribunal for the financial support of a spouse or former spouse with whom the obligor's dependent child resides if the obligor also owes a child support obligation that is being enforced by the state. See Utah Code 26B-9-201
    (a)  the parent or legal guardian is already required to obtain insurance coverage for the child by a prior court or administrative order; and

    (b)  the parent or legal guardian has failed to provide written proof to the office that:

    (i)  the child has been enrolled in an accident and health insurance plan in accordance with the court or administrative order; or

    (ii)  the coverage required by the order was not available at group rates through the employer or union 30 or more days prior to the date of the mailing of the notice to enroll.

    • (2)  The office shall provide concurrent notice to the parent or legal guardian in accordance with Section 26B-9-207 of:

    (a)  the notice to enroll sent to the employer or union; and

    (b)  the opportunity to contest the enrollment due to a mistake of fact by filing a written request for an adjudicative proceeding with the office within 15 days of the notice being sent.

    (3)  A notice to enroll shall result in the enrollment of the child in the parent’s accident and health insurance plan, unless the parent successfully contests the notice based on a mistake of fact.

    (4)  A notice to enroll issued under this section may be considered a “qualified medical support order” for the purposes of enrolling a dependent child in a group accident and health insurance plan as defined in Section 609(a), Federal Employee Retirement Income Security Act of 1974.

    Renumbered and Amended by Chapter 305, 2023 General Session

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