Title 19, Chapter 11, Section 27
( 19-11-27)
(a) Whenever a support obligor who is required to maintain accident
and sickness insurance fails to provide such coverage as ordered, or
allows such coverage to lapse, the department, the Department of
Community Health, or the other party may compel the obligor to
obtain insurance coverage as provided in this Code section. The
remedies provided in this Code section shall be in addition to and
not in lieu of any other remedies available to the department, the
Department of Community Health, or the other party. (b) Upon failure of a support obligor to obtain accident and
sickness insurance coverage as ordered, or upon the lapse of
coverage required to be provided, the department, the Department of
Community Health, or the other party may send a notice of enrollment
by certified mail or statutory overnight delivery, return receipt
requested, to the person or entity providing access to such coverage
on behalf of the obligor. The notice shall include a certified copy
of the latest order requiring health insurance coverage and the
return address of the sender. Upon receipt of a notice of
enrollment, any person or entity providing access to accident or
sickness insurance coverage on behalf of the obligor shall
immediately undertake to provide such coverage as specified in the
notice of enrollment. Any person or entity providing access to
accident or sickness insurance coverage on behalf of the obligor
shall be deemed authorized to execute any document for the obligor
in order to establish coverage. If more than one insurance plan is
available, coverage shall be established under the obligor's
existing plan or a previously existing plan where possible. If
coverage under the obligor's existing plan or a previously existing
plan cannot be established, the person or entity providing access to
accident and sickness insurance coverage on behalf of the obligor
shall establish coverage under the least expensive plan otherwise
available. (c) Any person or entity providing access to accident and sickness
insurance coverage on behalf of the obligor pursuant to a notice of
enrollment shall withhold from the obligor's income the amount
necessary to pay the premium for the insurance coverage, provided
that the amount deducted does not exceed the limitations of Section
303(b) of the federal Consumer Credit Protection Act, as amended. (d) Upon receipt of a notice of enrollment, the person or entity
providing access to accident and sickness insurance coverage on
behalf of the obligor shall notify the person or entity sending the
notice of enrollment within 30 business days whether: (1) Enrollment in an accident and sickness insurance plan has
occurred; or (2) Enrollment cannot be established, stating the reasons why
coverage is not available. |