                                 CODE OF VIRGINIA

HEALTH CARE COVERAGE; NATIONAL MEDICAL SUPPORT NOTICE (§ 63.2-1924.1)

A. All child support orders established and enforced pursuant to this title
shall include a provision for health care coverage of dependent children. The
Department shall use the National Medical Support Notice (NMSN) to enforce the
provision of health care coverage through an employment-related group health
plan pursuant to a child support order if available at a reasonable cost, as
that term is defined in &#xA7; 63.2-1900, unless a court or administrative order
stipulates alternative health care coverage to employer-based coverage.

B. The Department shall transfer the NMSN to employers within two business days
following the date of entry into the State Directory of New Hires of an employee
who is obligated to pay child support or to provide health care coverage
pursuant to this title. Employers shall transfer the NMSN to the appropriate
group plan providing the health care coverage for each eligible child (excluding
the severable Notice to Withhold for Health Care Coverage directing the employer
to withhold any mandatory employee contributions to the plan) within twenty
business days after the date of the NMSN. The Department, in consultation with
the custodial parent, shall promptly select from available plan options when the
plan administrator reports that there is more than one option available under
the plan.

C. Employers shall withhold any obligation of the employee for employee
contribution necessary for coverage of each eligible child and send any amount
withheld directly to the plan. An employee obligated for contribution necessary
for coverage may contest the withholding based on a mistake of fact. If the
employee contests the withholding, the employer shall continue to withhold the
obligation necessary for coverage until the employer receives notice that the
contest is resolved in favor of the employee.

D. Employers shall notify the Department promptly whenever the employment of a
parent ordered to provide health care coverage is terminated in the same manner
as required for income withholding pursuant to &#xA7; 20-79.3. The Department
shall promptly notify an employer when there is no longer a current order for
health care coverage in effect for which the Department is responsible.

HISTORY: 2002, c. 844, § 63.1-250.3:1; 2009, c. 713.