1.    When an obligor is required to provide health insurance coverage for a child as a beneficiary under section 14-09-08.10, the order is being enforced under title IV-D, and the obligor’s employer has been identified, the child support agency shall use the national medical support notice, when appropriate, to enforce the provision of health insurance coverage for the child. The child support agency shall:

Terms Used In North Dakota Code 14-09-08.20

  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
  • Individual: means a human being. See North Dakota Code 1-01-49
  • Organization: includes a foreign or domestic association, business trust, corporation, enterprise, estate, joint venture, limited liability company, limited liability partnership, limited partnership, partnership, trust, or any legal or commercial entity. See North Dakota Code 1-01-49
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49

a.    Serve the national medical support notice on the employer by first-class mail or in any other manner agreed to by the employer:

(1) Within two business days after the date of entry in the state directory of new hires of an employee who is an obligor of an order being enforced under title IV-D if the employer was identified based upon that entry; or otherwise (2) Within a reasonable time; b.    Serve notice of the national medical support notice on the obligor by first-class mail at the obligor’s last-known address; c.    If the insurer notified the child support agency of more than one available health insurance coverage option, select:

(1) The option chosen by the state Medicaid agency if an assignment under chapter 50-24.1 is in effect for the child; (2) The option timely chosen by the obligee if paragraph 1 does not apply; (3) The option that provides basic coverage, that is reasonably accessible to the child, and for which the obligor’s share of the premium is lowest if paragraphs 1 and 2 do not apply; or

(4) The option that is reasonably accessible to the child and for which the obligor’s share of the premium is lowest if paragraphs 1, 2, and 3 do not apply; and

d.    Promptly notify the employer when a current order for medical support for which the child support agency is responsible is no longer in effect.

2.    If the child support agency does not select an option under subdivision c of subsection 1 within twenty business days, the insurer shall enroll the child, and the obligor if necessary, in the insurer’s default plan, if any.

3.    The child support agency, the state Medicaid agency, and any official, employee, or agent of either agency are immune from any liability arising out of the selection of, or failure to select, an option under subdivision c of subsection 1.

4.    For purposes of this section:

a.    “Basic coverage” means health insurance that includes coverage for the following medically necessary services: preventive care, emergency care, inpatient and outpatient hospital care, physician services whether provided within or outside a hospital setting, diagnostic laboratory, and diagnostic and therapeutic radiological services; b.    “Employer” means an entity or individual who would be determined to be an employer under section 3401(d) of the Internal Revenue Code of 1986, as amended [26 U.S.C. § 3401(d)], and includes any governmental entity and any labor organization; c.    “Insurer” has the meaning provided in section 26.1-36.5-01; d.    “National medical support notice” means the notice promulgated pursuant to section 401(b) of the Child Support Performance and Incentive Act of 1998 [Pub. L. 105-200; 112 Stat. 645] and regulations adopted thereunder; and

e.    “Title IV-D” has the meaning provided in section 50-09-01.

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