SECTIONS 3760-3773 - California Statutes

FAMILY.CODE

SECTION 3760-3773

3760. 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.

3761. (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.

3762. 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.

3763. (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.

3764. (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.

3765. (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.

3766. (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.

3767. 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.

3768. (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.

3769. 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).

3770. 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.

3771. 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.

3772. 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.

3773. (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.