Michigan Laws 552.626a – Eligibility of parent for health care coverage through employer; duties of employer
Current as of: 2023 | Check for updates
|
Other versions
(1) If a parent is eligible for health care coverage through an employer doing business in the state, within 20 business days after the date of an order or notice of an order for dependent health care coverage, the employer shall notify its insurer or plan administrator and take other action as required to enroll that parent’s child in its health care coverage plan or plans, without regard to any enrollment period restrictions, when all of the following exist:
(a) The parent is required by a court or administrative order to provide health care coverage for the parent’s child.
Terms Used In Michigan Laws 552.626a
- Dependent: A person dependent for support upon another.
- Employer: means an individual, sole proprietorship, partnership, association, or private or public corporation, the United States or a federal agency, this state or a political subdivision of this state, another state or a political subdivision of another state, or another legal entity that hires and pays an individual for his or her services. See Michigan Laws 552.602
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Health care coverage: means a fee for service, health maintenance organization, preferred provider organization, or other type of private health care coverage or public health care coverage. See Michigan Laws 552.602
- Income: means any of the following:
(i) Commissions, earnings, salaries, wages, and other income due or to be due in the future to an individual from his or her employer or a successor employer. See Michigan Laws 552.602Insurer: means an insurer, health maintenance organization, health care corporation, or other group, plan, or entity that provides health care coverage in accordance with any of the following acts:
(i) The public health code, 1978 PA 368, MCL 333. See Michigan Laws 552.602Medical assistance: means medical assistance as established under title XIX of the social security act, 42 USC 1396 to 1396w-5. See Michigan Laws 552.602 Plan administrator: means that term as used in relation to a group health plan under section 609 of title I of the employee retirement income security act of 1974, 29 USC 1169, if the health care coverage plan of the individual who is responsible for providing a child with health care coverage is subject to that act. See Michigan Laws 552.602 state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(b) The child is eligible for coverage under the plan. A child cannot be denied enrollment or coverage on the grounds that the child was born out of wedlock, is not claimed as a dependent on the parent’s federal income tax return, does not reside with the parent or in the insurer’s service area, or is eligible for or receiving medical assistance.
(c) The employee applies for coverage for the child or, if the employee fails to apply, the friend of the court or child’s other parent through the friend of the court applies for coverage for the child. Application by the friend of the court shall be in the form of the order for dependent health care coverage or a notice of the order for dependent health care coverage.
(2) If coverage is available through the parent’s employer, the employer shall withhold from the employee’s income the employee’s share, if any, of premiums for dependent health care coverage not to exceed the amount allowed under section 8 and pay that amount to the insurer or plan administrator.
(3) An employer shall not disenroll or eliminate health care coverage of a child eligible for coverage and enrolled under subsection (1) unless the employer is provided with satisfactory written evidence that 1 of the following applies:
(a) The court or administrative order requiring health care coverage is no longer in effect.
(b) The child is or will be enrolled in comparable health care coverage that takes effect not later than the effective date of the disenrollment from the existing plan.
(c) The employer has eliminated dependent health care coverage for all of its employees or members.