Title 19, Chapter 11, Section 26
( 19-11-26)
(a) In all cases involving the assignment and collection of child
support, or where medical assistance benefits are being provided,
the department or court may determine, as a regular part of its
investigation and inquiry, whether accident and sickness coverage
for the child or children involved is reasonably available to an
obligor of support at a reasonable cost in connection with the
obligor's employment or union. For purposes of this article, the
term "person or entity providing access to coverage" shall mean an
employer or union which offers a group insurance plan, as defined in
Section 607(b) of the federal Employee Retirement Income Security
Act of 1974, a health maintenance organization or a service benefit
plan, or any other policy of health insurance under Title 33. If it
is determined that such coverage is reasonably available in
connection with the obligor's employment or union, the department is
authorized to petition for modification of any existing order of
support to include the provision of such coverage, to intervene in
any pending action to have such coverage included, or to include the
request for such coverage in any action brought by the department. (b) Upon petition by the department to have accident and sickness
insurance coverage included, any court or administrative hearing
officer having jurisdiction over the matter may include the
provision of medical support in any order of support it may enter,
if such medical support is found to be available to the obligor in
connection with his or her employment or union at a reasonable cost
consistent with subsection (a) of this Code section. (c) Any order requiring medical support under this Code section
shall contain language notifying the support obligor that failure to
provide accident and sickness insurance coverage may result in
direct enforcement of the order. Any order of medical support
entered or modified prior to April 1, 1994, shall be construed as a
matter of law to contain this notice. (d) Any order requiring medical support under this Code section
shall remain in effect until: (1) A further order of the court or hearing officer; (2) The child is emancipated, if there is no express language to
the contrary in the order; or (3) Coverage is no longer available and no conversion privileges
exist at a reasonable cost to continue coverage beyond the
termination date of the policy. (e) Any order requiring medical support under this Code section
shall not require a 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 this Code section. |