H. R. 3130—21
(A) CHURCH GROUP HEALTH PLAN.—The term ‘‘church
group health plan’’ means a group health plan which is
a church plan.
(B) QUALIFIED MEDICAL CHILD SUPPORT ORDER.—The
term ‘‘qualified medical child support order’’ means a medi-
cal child support order—
(i) which creates or recognizes the existence of
an alternate recipient’s right to, or assigns to an alter-
nate recipient the right to, receive benefits for which
a participant or beneficiary is eligible under a church
group health plan; and
(ii) with respect to which the requirements of
paragraphs (3) and (4) are met.
(C) MEDICAL CHILD SUPPORT ORDER.—The term ‘‘medi-
cal 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 church 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 (as added by section 13822 of the Omnibus
Budget Reconciliation Act of 1993) with respect to a
church 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 paragraph, an administrative
notice which is issued pursuant to an administrative proc-
ess 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.
(D) ALTERNATE RECIPIENT.—The term ‘‘alternate recipi-
ent’’ means any child of a participant who is recognized
under a medical child support order as having a right
to enrollment under a church group health plan with
respect to such participant.
(E) GROUP
HEALTH
PLAN.—The term ‘‘group health
plan’’ has the meaning provided in section 607(1) of the
Employee Retirement Income Security Act of 1974.
(F) STATE.—The term ‘‘State’’ includes the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, and American Samoa.
(G) OTHER
TERMS.—The terms ‘‘participant’’, ‘‘bene-
ficiary’’, ‘‘administrator’’, and ‘‘church plan’’ shall have the
meanings provided such terms, respectively, by paragraphs
(7), (8), (16), and (33) of section 3 of the Employee Retire-
ment Income Security Act of 1974.
(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—
H. R. 3130—22
(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.—
A medical child support order meets the requirements of this
paragraph only if such order does not require a church group
health plan to provide any type or form of benefit, or any
option, not otherwise provided under the plan, except to the
extent necessary to meet the requirements of a law relating
to medical child support described in section 1908 of the Social
Security Act (as added by section 13822 of the Omnibus Budget
Reconciliation Act of 1993).
(5) PROCEDURAL REQUIREMENTS.—
(A) TIMELY NOTIFICATIONS AND DETERMINATIONS.—In
the case of any medical child support order received by
a church 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 church 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—
(i) shall be in writing;
(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.—
(i) IN GENERAL.—If the plan administrator of any
church group health plan which is maintained by the
employer of a noncustodial parent of a child or to
H. R. 3130—23
which such an employer contributes receives an appro-
priately completed National Medical Support Notice
promulgated pursuant to subsection (b) of this section
in the case of such child, and the Notice meets the
requirements of paragraphs (3) and (4) of this sub-
section, the Notice shall be deemed to be a qualified
medical child support order in the case of such child.
(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 church 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 cov-
erage or any steps necessary 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.—Nothing in this
subparagraph shall be construed as requiring a church
group health plan, upon receipt of a National Medical
Support Notice, to provide benefits under the plan
(or eligibility for such benefits) in addition to benefits
(or eligibility for benefits) provided under the terms
of the plan as of immediately before receipt of such
Notice.
(6) DIRECT PROVISION OF BENEFITS PROVIDED TO ALTERNATE
RECIPIENTS.—Any payment for benefits made by a church group
health plan pursuant to a medical child support order in
reimbursement for expenses paid by an alternate recipient or
an alternate recipient’s custodial parent or legal guardian shall
be made to the alternate recipient or the alternate recipient’s
custodial parent or legal guardian.
(7) PAYMENT TO STATE OFFICIAL TREATED AS SATISFACTION
OF PLAN’S OBLIGATION TO MAKE PAYMENT TO ALTERNATE RECIPI-
ENT.—Payment of benefits by a church group health plan to
an official of a State or a political subdivision thereof whose
name and address have been substituted for the address of
an alternate recipient in a medical child support order, pursu-
ant to paragraph (3)(A), shall be treated, for purposes of this
subsection and part D of title IV of the Social Security Act,
as payment of benefits to the alternate recipient.
(8) EFFECTIVE
DATE.—The provisions of this subsection
shall take effect on the date of the issuance of interim regula-
tions pursuant to subsection (b)(4) of this section.
H. R. 3130—24
(g) REPORT AND RECOMMENDATIONS REGARDING THE ENFORCE-
MENT OF QUALIFIED MEDICAL CHILD SUPPORT ORDERS.—Not later
than 8 months after the issuance of the report to the Congress
pursuant to subsection (a)(5), the Secretary of Health and Human
Services and the Secretary of Labor shall jointly submit to each
House of the Congress a report containing recommendations for
appropriate legislation to improve the effectiveness of, and enforce-
ment of, qualified medical child support orders under the provisions
of subsection (f ) of this section and section 609(a) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1169(a)).
(h) TECHNICAL CORRECTIONS.—
(1) AMENDMENT RELATING TO PUBLIC LAW 104–266.—
(A) IN GENERAL.—Subsection (f ) of section 101 of the
Employee Retirement Income Security Act of 1974 (29
U.S.C. 1021(f )) is repealed.
(B) EFFECTIVE
DATE.—The amendment made by
subparagraph (A) shall take effect as if included in the
enactment of the Act entitled ‘‘An Act to repeal the Medi-
care and Medicaid Coverage Data Bank’’, approved October
2, 1996 (Public Law 104–226; 110 Stat. 3033).
(2) AMENDMENTS RELATING TO PUBLIC LAW 103–66.—
(A) IN GENERAL.—(i) Section 4301(c)(4)(A) of the Omni-
bus Budget Reconciliation Act of 1993 (Public Law 103–
66; 107 Stat. 377) is amended by striking ‘‘subsection
(b)(7)(D)’’ and inserting ‘‘subsection (b)(7)’’.
(ii) Section 514(b)(7) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1144(b)(7)) is
amended by striking ‘‘enforced by’’ and inserting ‘‘they
apply to’’.
(iii) Section 609(a)(2)(B)(ii) of such Act (29 U.S.C.
1169(a)(2)(B)(ii)) is amended by striking ‘‘enforces’’ and
inserting ‘‘is made pursuant to’’.
(B) CHILD DEFINED.—Section 609(a)(2) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C.
1169(a)(2)) is amended by adding at the end the following:
‘‘(D) CHILD.—The term ‘child’ includes any child
adopted by, or placed for adoption with, a participant of
a group health plan.’’.
(C) EFFECTIVE
DATE.—The amendments made by
subparagraph (A) shall be effective as if included in the
enactment of section 4301(c)(4)(A) of the Omnibus Budget
Reconciliation Act of 1993.
(3) AMENDMENT RELATED TO PUBLIC LAW 105–33.—
(A) IN GENERAL.—Section 609(a)(9) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C.
1169(a)(9)) is amended by striking ‘‘the name and address’’
and inserting ‘‘the address’’.
(B) EFFECTIVE
DATE.—The amendment made by
subparagraph (A) shall be effective as if included in the
enactment of section 5611(b) of the Balanced Budget Act
of 1997.
SEC. 402. SAFEGUARD OF NEW EMPLOYEE INFORMATION.
(a) PENALTY FOR UNAUTHORIZED ACCESS, DISCLOSURE, OR USE
OF INFORMATION.—Section 453(l) of the Social Security Act (42
U.S.C. 653(l)) is amended—
(1) by striking ‘‘Information’’ and inserting the following: