552.626a Eligibility of parent for health care coverage through employer; duties of employer.
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552.626a Eligibility of parent for health care coverage through employer; duties of employer.
Sec. 26a.
(1)If a parent is eligible for health care coverage through an employer doing business in the state, within 20 business days after the date of an order or notice of an order for dependent health care coverage, the employer shall notify its insurer or plan administrator and take other action as required to enroll that parent's child in its health care coverage plan or plans, without regard to any enrollment period restrictions, when all of the following exist:
(a)The parent is required by a court or administrative order to provide health care coverage for the parent's child.
(b)The child is eligible for coverage under the plan. A child cannot be denied enrollment or coverage on the grounds that the child was born out of wedlock, is not claimed as a dependent on the parent's federal income tax return, does not reside with the parent or in the insurer's service area, or is eligible for or receiving medical assistance.
(c)The employee applies for coverage for the child or, if the employee fails to apply, the friend of the court or child's other parent through the friend of the court applies for coverage for the child. Application by the friend of the court shall be in the form of the order for dependent health care coverage or a notice of the order for dependent health care coverage.
(2)If coverage is available through the parent's employer, the employer shall withhold from the employee's income the employee's share, if any, of premiums for dependent health care coverage not to exceed the amount allowed under section 8 and pay that amount to the insurer or plan administrator.
(3)An employer shall not disenroll or eliminate health care coverage of a child eligible for coverage and enrolled under subsection
(1)unless the employer is provided with satisfactory written evidence that 1 of the following applies:
(a)The court or administrative order requiring health care coverage is no longer in effect.
(b)The child is or will be enrolled in comparable health care coverage that takes effect not later than the effective date of the disenrollment from the existing plan.
(c)The employer has eliminated dependent health care coverage for all of its employees or members.
History: Add. 1995, Act 236, Eff. Mar. 28, 1996 ;-- Am. 1998, Act 334 , Imd. Eff. Aug. 10, 1998 ;-- Am. 2001, Act 106 , Eff. Sept. 30, 2001