New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 109 - MEDICAL SUPPORT › Section 8.50.109.12 - MONITORING AND ENFORCING COVERAGE

Current through Register Vol. 35, No. 13, July 16, 2024
In all cases in which there is a court order with no medical
				  support ordered, the case will be reviewed pursuant to the IV-D agency's plan
				  for automatic review of all IV-D cases every three years. Even if no other
				  modification is expected, the IV-D agency must seek modification to include
				  medical support, except in non-IV-A non-medicaid cases where the custodial
				  party has not consented to the IV-D agency obtaining medical support. All
				  remedies available for the collection and enforcement of child support apply to
				  medical support. In cases where the non-custodial parent is required to provide
				  health care coverage through an employment-related or other group health care
				  coverage plan pursuant to a support order, the IV-D agency shall use, where
				  appropriate, the national medical support notice to enforce the provisions of
				  health care coverage for the minor child(ren).
A. The IV-D agency must use the notice, when
				appropriate, to notify employers of the provision for health care coverage of
				the minor child(ren). The IV-D agency must transfer the notice to the employer
				within two business days after the date of entry of an employee who is an
				obligor in an IV-D case in the state directory of new hires.
B. Employers must transfer the notice to the
				appropriate group health care coverage plan for which the minor child(ren) are
				eligible within 20 business days after the date of the notice.
C. Employers must withhold any obligation of
				the employee for employee contributions necessary for coverage of the minor
				child(ren) and send any amount withheld directly to the health care coverage
				plan. Employees may contest the withholding based on a mistake of fact. If the
				employee contests such withholding, the employer must proceed with withholding
				until such time as the employer receives notice from the IV-D agency that the
				contest is resolved.
D. Upon
				receipt of the national medical support notice, the employer shall enroll the
				medical support obligor's minor child(ren) in a qualified health care coverage
				plan as eligible dependents. Except as specifically outlined on the notice, the
				health care coverage plan shall not be required to provide benefits or
				eligibility for such benefits in addition to those provided under the terms of
				the plan immediately before receipt of the notice.
E. If the medical support obligor is enrolled
				in a qualified health care coverage plan, the minor child(ren) shall be
				enrolled in the same health care coverage plan in which the medical support
				obligor is enrolled. If the medical support obligor is not enrolled in a
				qualified health care coverage plan, the premiums charged for enrollment of the
				minor child(ren) only shall be the same as would be charged for enrollment of
				the medical support obligor only. If the medical support obligor is not
				enrolled in a qualified health care coverage plan and there is more than one
				health care coverage plan option available for enrollment of the minor
				child(ren), the employer shall notify the IV-D agency and the IV-D agency, in
				consultation with the custodial party, will select a qualified health care
				coverage plan option. If the custodial party does not notify the IV-D agency of
				the selected qualified health care coverage plan option within the timeframe
				required by the IV-D agency, the minor child(ren) shall be enrolled in the
				qualified health care coverage plan's default option, which is defined as the
				least costly health care coverage plan that conforms with the minimum health
				care protection as defined in the New Mexico Insurance Code, Section
				59A-23B-1 et seq NMSA
				1978.
F. The health care coverage
				plan must notify the IV-D agency of the status of health care coverage for the
				minor child(ren), as outlined on the notice, within 40 business days after the
				date of the notice. The plan shall also promptly notify the custodial party of
				the plan coverage and effective date, as outlined on the notice.
G. Employers must notify the IV-D agency
				promptly whenever the medical support obligor's employment is terminated, in
				the same manner as is required for income withholding cases.
H. The IV-D agency must promptly notify the
				employer when there is no longer a current order for medical support in effect
				for which the IV-D agency is responsible.
I. In instances in which a minor child is
				covered through a public entity, the medical support obligor is required to
				maintain the recertification of the health care coverage as long as the medical
				support obligor meets eligibility requirements.