26B-9-226.  Compliance with order — Enrollment of dependent child for insurance.

(1)  An employer or union shall comply with a notice to enroll issued by the office under Section 26B-9-225 by enrolling the dependent child that is the subject of the notice in the:

Terms Used In Utah Code 26B-9-226

  • Administrative order: means an order that has been issued by the office, the department, or an administrative agency of another state or other comparable jurisdiction with similar authority to that of the office. See Utah Code 26B-9-201
  • Child: means :
(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
  • 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
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • (a)  accident and health insurance plan in which the parent or legal guardian is enrolled, if the plan satisfies the prior court or administrative order; or

    (b)  least expensive plan, assuming equivalent benefits, offered by the employer or union that complies with the prior court or administrative order which provides coverage that is reasonably accessible to the dependent child.

    (2)  The employer, union, or insurer may not refuse to enroll a dependent child pursuant to a notice to enroll because a parent or legal guardian has not signed an enrollment application.

    (3)  Upon enrollment of the dependent child, the employer shall deduct the appropriate premiums from the parent or legal guardian’s wages and remit them directly to the insurer.

    (4)  The insurer shall provide proof of insurance to the office upon request.

    (5)  The signature of the custodial parent of the insured dependent is a valid authorization to the insurer for purposes of processing any insurance reimbursement claim.

    Renumbered and Amended by Chapter 305, 2023 General Session