Download This Version in Microsoft Word format
TO AMEND SECTION 20-7-1220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COURT REQUIRING A PARENT TO PROVIDE HEALTH INSURANCE COVERAGE FOR A CHILD, SO AS TO PROVIDE THAT IN CHILD SUPPORT CASES ENFORCED BY THE DEPARTMENT OF SOCIAL SERVICES, THE DIVISION MUST USE THE NATIONAL MEDICAL SUPPORT NOTICE PROMULGATED BY FEDERAL LAW.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-7-1220 of the 1976 Code, as added by Act 481 of 1994, is amended to read:
"Section 20-7-1220. (A) If a parent is required by a court order to provide health coverage for a child and the parent is eligible for family health coverage through an employer in this State, notice and a copy of the order must be sent to the employer. The notice and copy of the order may be sent by first class mail. The notice must explain all of the employer's legal obligations under this part of Subarticle 6. In cases enforced by the Child Support Enforcement Division of the Department of Social Services, the division shall use the National Medical Support Notice promulgated by the federal Office of Child Support Enforcement. Upon receipt of notice and the order, the employer shall:
(1) permit the parent to enroll, under the family coverage, a child who is otherwise eligible for the coverage without regard to any enrollment season restrictions;
(2) if the parent is enrolled but fails to make application to obtain coverage for the child, enroll the child under family coverage upon application of:
(a) the child's other parent;
(b) the state agency administering the Medicaid program; or
(c) the state agency administering 42 U.S.C. Sections 651 to 669, the child support enforcement program; and
(3) continue coverage of the child unless the employer:
(a) is provided satisfactory written evidence that the court order is no longer in effect or that the child is or will be enrolled in comparable health coverage through another insurer which will take effect not later than the effective date of disenrollment; or
(b) has eliminated family health coverage for all of its employees.
(B) An employer who has received a copy of a court order pursuant to this section is bound by the order until further notice by the court. The employer shall notify the court within twenty days after the parent named in the order is no longer employed and shall provide the parent's last known address and the name and address of the parent's new employer, if known."
SECTION 2. This act takes effect upon approval by the Governor.
This web page was last updated on Tuesday, June 23, 2009 at 2:24 P.M.