The NMSN requires that the children must be enrolled if coverage is available at reasonable cost and accessible to them.
If the employee is not enrolled in a health benefit plan, or is not enrolled in a plan that offers dependent coverage, and if only one plan with dependent coverage is offered, that plan shall be selected. On the signature line of the enrollment forms, simply write, "Per court order--copy attached."
The employer should send Part B to the plan administrator. The plan administrator must enroll the dependents and, if necessary to enroll the dependents, enroll the employee.
Plan selection criteria when multiple plans are available and accessible:
- Employee already enrolled:
- If the employee is enrolled in a health benefit plan that offers dependent coverage, that plan shall be selected.
- Employee not enrolled, multiple plans available and accessible to children:
- If the employee is not enrolled in a health benefit plan or is not enrolled in a plan that offers dependent coverage; and
- if more than one plan with dependent coverage is offered, then the plan administrator shall enroll the dependents (and if necessary, the employee) in the health benefit plan selected by the issuing local child support agency in consultation with the custodial parent, or in any default option if no response is received from the issuing agency.
The plan administrator must provide the issuing local child support agency copies of applicable summary plan descriptions or other documents that describe available coverage, including the participant’s additional contribution necessary to obtain coverage under each option and whether there is a limited service area. If the issuing local child support agency does not respond within 20 business days of the date the plan administrator returns the response, the dependent shall be enrolled in the default plan if one exists. If the plan does not have a default option, the plan administrator will enroll the option selected by the issuing local child support agency.