Published: 2015-07-08
Key Benefits:
As used in this article, unless the provision or context otherwise requires:
(a) “Employer” includes the United States government and any public entity as defined in Section 811.2 of the Government Code.
(b) “Health insurance,” “health insurance plan,” “health insurance coverage,” “health care services,” or “health insurance coverage assignment” includes vision care and dental care coverage whether the vision care or dental care coverage is part of existing health insurance coverage or is issued as a separate policy or plan.
(c) “Health insurance coverage assignment” or “assignment order” means an order made under Section 3761.
(d) “National medical support notice” means the notice required by Section 666(a)(19) of Title 42 of the United States Code with respect to an order made pursuant to Section 3773.
(Amended by Stats. 2000, Ch. 119, Sec. 1. Effective January 1, 2001.)
(a) Upon application by a party or local child support agency in any proceeding where the court has ordered either or both parents to maintain health insurance coverage under Article 1 (commencing with Section 3750), the court shall order the employer of the obligor parent or other person providing health insurance to the obligor to enroll the supported child in the health insurance plan available to the obligor through the employer or other person and to deduct the appropriate premium or costs, if any, from the earnings of the obligor unless the court makes a finding of good cause for not making the order.
(b) (1) The application shall state that the party or local child support agency seeking the assignment order has given the obligor a written notice of the intent to seek a health insurance coverage assignment order in the event of a default in instituting coverage required by court order on behalf of the parties’ child and that the notice was transmitted by first-class mail, postage prepaid, or personally served at least 15 days before the date of the filing of the application for the order. The written notice of the intent to seek an assignment order required by this subdivision may be given at the time of filing a petition or complaint for support or at any later time, but shall be given at least 15 days before the date of filing the application under this section. The obligor may at any time waive the written notice required by this subdivision.
(2) The party or local child support agency seeking the assignment order shall file a certificate of service showing the method and date of service of the order and the statements required under Section 3772 upon the employer or provider of health insurance.
(c) The total amount that may be withheld from earnings for all obligations, including health insurance assignments, is limited by subdivision (a) of Section 706.052 of the Code of Civil Procedure or Section 1673 of Title 15 of the United States Code, whichever is less.
(Amended by Stats. 2000, Ch. 808, Sec. 31. Effective September 28, 2000.)
Good cause for not making a health insurance coverage assignment order shall be limited to either of the following:
(a) The court finds that one of the conditions listed in subdivision (a) of Section 3765 or in Section 3770 exists.
(b) The court finds that the health insurance coverage assignment order would cause extraordinary hardship to the obligor. The court shall specify the nature of the extraordinary hardship and, whenever possible, a date by which the obligor shall obtain health insurance coverage or be subject to a health insurance coverage assignment.
(Amended by Stats. 1994, Ch. 1269, Sec. 38. Effective January 1, 1995.)
(a) The health insurance coverage assignment order may be ordered at the time of trial or entry of a judgment ordering health insurance coverage. The order operates as an assignment and is binding on any existing or future employer of the obligor parent, or other person providing health insurance to the obligor, upon whom a copy of the order has been served.
(b) The order of assignment may be modified at any time by the court.
(Amended by Stats. 1994, Ch. 1269, Sec. 39. Effective January 1, 1995.)
(a) A health insurance coverage assignment order does not become effective until 20 days after service by the applicant of the assignment order on the employer.
(b) Within 10 days after service of the order, the employer or other person providing health insurance to the obligor shall deliver a copy of the order to the obligor, together with a written statement of the obligor’s rights and the relevant procedures under the law to move to quash the order.
(c) Service of a health insurance coverage assignment order on any employer or other person providing health insurance may be made by first class mail in the manner prescribed in Section 1013 of the Code of Civil Procedure.
(Amended by Stats. 1994, Ch. 1269, Sec. 40. Effective January 1, 1995.)
(a) The obligor may move to quash a health insurance coverage assignment order as provided in this section if the obligor declares under penalty of perjury that there is error on any of the following grounds:
(1) No order to maintain health insurance has been issued under Article 1 (commencing with Section 3750).
(2) The amount to be withheld for premiums is greater than that permissible under Article 1 (commencing with Section 3750) or greater than the amount otherwise ordered by the court.
(3) The amount of the increased premium is unreasonable.
(4) The alleged obligor is not the obligor from whom health insurance coverage is due.
(5) The child is or will be otherwise provided health care coverage.
(6) The employer’s choice of coverage is inappropriate.
(b) The motion and notice of motion to quash the assignment order, including the declaration required by subdivision (a), shall be filed with the court issuing the assignment order within 15 days after delivery of a copy of the order to the obligor pursuant to subdivision (b) of Section 3764. The court clerk shall set the motion for hearing not less than 15 days, nor more than 30 days, after receipt of the notice of motion. The clerk shall, within five days after receipt of the notice of motion, deliver a copy of the notice of motion to (1) the district attorney personally or by first-class mail, and (2) the applicant and the employer or other person providing health insurance, at the appropriate addresses contained in the application, by first-class mail.
(c) Upon a finding of error described in subdivision (a), the court shall quash the assignment.
(Amended by Stats. 1994, Ch. 1269, Sec. 41. Effective January 1, 1995.)
(a) The employer, or other person providing health insurance, shall take steps to commence coverage, consistent with the order for the health insurance coverage assignment, within 30 days after service of the assignment order upon the obligor under Section 3764 unless the employer or other person providing health insurance coverage receives an order issued pursuant to Section 3765 to quash the health insurance coverage assignment. The employer, or the person providing health insurance, shall commence coverage at the earliest possible time and, if applicable, consistent with the group plan enrollment rules.
(b) If the obligor has made a selection of health coverage prior to the issuance of the court order, the selection shall not be superseded unless the child to be enrolled in the plan will not be provided benefits or coverage where the child resides or the court order specifically directs other health coverage.
(c) If the obligor has not enrolled in an available health plan, there is a choice of coverage, and the court has not ordered coverage by a specific plan, the employer or other person providing health insurance shall enroll the child in the plan that will provide reasonable benefits or coverage where the child resides. If that coverage is not available, the employer or other person providing health insurance shall, within 20 days, return the assignment order to the attorney or person initiating the assignment.
(d) If an assignment order is served on an employer or other person providing health insurance and no coverage is available for the supported child, the employer or other person shall, within 20 days, return the assignment to the attorney or person initiating the assignment.
(Amended by Stats. 2002, Ch. 927, Sec. 2. Effective January 1, 2003.)
The employer or other person providing health insurance shall do all of the following:
(a) Notify the applicant for the assignment order or notice of assignment of the commencement date of the coverage of the child.
(b) Provide evidence of coverage and any information necessary for the child to obtain benefits through the coverage to both parents or the person having custody of the child and to the local child support agency when requested by the local child support agency.
(c) Upon request by the parents or person having custody of the child, provide all forms and other documentation necessary for the purpose of submitting claims to the insurance carrier which the employer or other person providing health insurance usually provides to insureds.
(Amended by Stats. 2001, Ch. 755, Sec. 3. Effective October 12, 2001.)
(a) An employer or other person providing health insurance who willfully fails to comply with a valid health insurance coverage assignment order entered and served on the employer or other person pursuant to this article is liable to the applicant for the amount incurred in health care services that would otherwise have been covered under the insurance policy but for the conduct of the employer or other person that was contrary to the assignment order.
(b) Willful failure of an employer or other person providing health insurance to comply with a health insurance coverage assignment order is punishable as contempt of court under Section 1218 of the Code of Civil Procedure.
(Amended by Stats. 1994, Ch. 1269, Sec. 43. Effective January 1, 1995.)
No employer shall use a health insurance coverage assignment order as grounds for refusing to hire a person or for discharging or taking disciplinary action against an employee. An employer who violates this section may be assessed a civil penalty of a maximum of five hundred dollars ($500).
(Amended by Stats. 1994, Ch. 1269, Sec. 44. Effective January 1, 1995.)
Upon notice of motion by the obligor, the court shall terminate a health insurance coverage assignment order if any of the following conditions exist:
(a) A new order has been issued under Article 1 (commencing with Section 3750) that is inconsistent with the existing assignment.
(b) The employer or other person providing health insurance has discontinued that coverage to the obligor.
(c) The court determines that there is good cause, consistent with Section 3762, to terminate the assignment.
(d) The death or emancipation of the child for whom the health insurance has been obtained.
(Amended by Stats. 1994, Ch. 1269, Sec. 45. Effective January 1, 1995.)
Upon request of the local child support agency the employer shall provide the following information to the local child support agency within 30 days:
(a) The social security number of the absent parent.
(b) The home address of the absent parent.
(c) Whether the absent parent has a health insurance policy and, if so, the policy names and numbers, and the names of the persons covered.
(d) Whether the health insurance policy provides coverage for dependent children of the absent parent who do not reside in the absent parent’s home.
(e) If there is a subsequent lapse in health insurance coverage, the employer shall notify the local child support agency, giving the date the coverage ended, the reason for the lapse in coverage and, if the lapse is temporary, the date upon which coverage is expected to resume.
(Amended by Stats. 2000, Ch. 808, Sec. 32. Effective September 28, 2000.)
The Judicial Council shall adopt forms for the health insurance coverage assignment required or authorized by this article, including, but not limited to, the application, the order, the statement of the obligor’s rights, and an employer’s return form which shall include information on the limitations on the total amount that may be withheld from earnings for obligations, including health insurance assignments, under subdivision (a) of Section 706.052 of the Code of Civil Procedure and Section 1673 of Title 15 of the United States Code, and the information required by Section 3771. The parties and child shall be sufficiently identified on the forms by the inclusion of birth dates, social security numbers, and any other information the Judicial Council determines is necessary.
(Amended by Stats. 1994, Ch. 1269, Sec. 46. Effective January 1, 1995.)
(a) This section applies only to Title IV-D cases where support enforcement services are being provided by the local child support agency pursuant to Section 17400.
(b) After the court has ordered that a parent provide health insurance coverage, the local child support agency shall serve on the employer a national medical support notice in lieu of the health insurance coverage assignment order. The national medical support notice may be combined with the order/notice to withhold income for child support that is authorized by Section 5246.
(c) A national medical support notice shall have the same force and effect as a health insurance coverage assignment order.
(d) The obligor shall have the same right to move to quash or terminate a national medical support notice as provided in this article for a health insurance coverage assignment order.
(Amended by Stats. 2000, Ch. 119, Sec. 2. Effective January 1, 2001.)
