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Today the U.S. Department of Labor is
proposing rules that would implement provisions of the Child Support
Performance and Incentive Act of 1998 that are intended to help children gain
access to coverage under their noncustodial parents’ employer-based group
health plans.
The proposal provides a simple and uniform
National Medical Support Notice that will assist states in carrying out their
responsibilities in child support enforcement and administrators of group
health plans in determining if medical child support orders are
qualified under section 609(a) of the Employee Retirement Income Security Act.
The U.S. Department of Health and Human Services
also is proposing rules under the Social Security Act implementing the use of
the National Medical Support Notice by state agencies that administer child
support enforcement programs.
These proposed rules would affect group health
plans, participants and their children and state child support enforcement
agencies. Medical child support orders require noncustodial parents to include
their children under employer-based health insurance coverage. The orders are
established and enforced by the state child support enforcement agencies.
In announcing the proposal and how it affects the
plan community, Secretary of Labor Alexis Herman said, “Our goal is to
develop rules that help the states fulfill their responsibilities while
minimizing the cost and burdens to group health plans affected by these
notices. Ultimately, our efforts should result in more health care coverage for
children.”
In developing the National Medical Support Notice
proposal, the departments were assisted by a working group established to
identify impediments to medical child support enforcement. The group, which
includes representatives of employers and plan sponsors and administrators,
will submit a report to the secretaries of labor and health and human services
in early 2000.
The agency is seeking written comments about the
proposed rules by February 14, 2000. If adopted, this regulation would become
effective on Oct. 1, 2001. Persons interested in submitting written comments
may send them to the Office of Regulations and Interpretations, Pension and
Welfare Benefits Administration, U.S.. Department of Labor, 200 Constitution
Avenue, N.W., Room N-5669, Washington, D.C. 20210, Attention: Medical Support
Notice. |
