454.700. Insurer to permit enrollment, when--duties of employer--garnishment of income permitted, when.

MISSOURI STATUTES AND CODES

454.700. Insurer to permit enrollment, when--duties of employer--garnishment of income permitted, when.

Insurer to permit enrollment, when--duties of employer--garnishmentof income permitted, when.

454.700. 1. In any case in which a parent is required by a court oradministrative order to provide medical coverage for a child, under anyhealth benefit plan, as defined in section 454.600, and a parent iseligible through employment, under the provisions of the federalComprehensive Omnibus Budget Reconciliation Act (COBRA) or the provisionsof section 376.892, RSMo, or for health coverage through an insurer orgroup health plan, any insurers, including group health plans as defined inSection 607(1) of the federal Employee Retirement Income Security Act of1974, offering, issuing, or renewing policies in this state on or afterJuly 1, 1994, shall:

(1) Permit such parent to enroll under such coverage any such childwho is otherwise eligible for such coverage, without regard to anyenrollment season restrictions;

(2) Permit enrollment of a child under coverage upon application bythe child's other parent, the division of child support enforcement, thedivision of medical services, or the tribunal of another state, if theparent required by a court or administrative order to provide healthcoverage fails to make application to obtain coverage for such child;

(3) Not disenroll or eliminate coverage of a child unless:

(a) The insurer is provided satisfactory written evidence that suchcourt or administrative order is no longer in effect; or

(b) The insurer is provided satisfactory written evidence that thechild is or will be enrolled in comparable health coverage through anotherinsurer which will take effect no later than the effective date of thedisenrollment; or

(d) Any available continuation coverage is not elected or the periodof such coverage expires.

2. In any case in which a parent is required by a court oradministrative order to provide medical coverage for a child, under anyhealth benefit plan, as defined in section 454.600, and the parent iseligible for such health coverage through an employer doing business inMissouri, the employer or union shall:

(1) Permit such parent to enroll under such family coverage any suchchild who is otherwise eligible for such coverage, without regard to anyenrollment season restrictions;

(2) Enroll a child under family coverage upon application by thechild's other parent, the division of child support enforcement, thedivision of medical services, or a tribunal of another state, if a parentis enrolled but fails to make application to obtain coverage of such child;and

(3) Not disenroll or eliminate coverage of any such child unless:

(a) The employer or union is provided satisfactory written evidencethat such court or administrative order is no longer in effect; or

(b) The employer or union is provided satisfactory written evidencethat the child is or will be enrolled in comparable health coverage throughanother insurer which will take effect not later than the effective date ofsuch disenrollment; or

3. No insurer may impose any requirements on a state agency, whichhas been assigned the rights of an individual eligible for medicalassistance under chapter 208, RSMo, and covered for health benefits fromthe insurer, that are different from requirements applicable to an agent orassignee of any other individual so covered.

4. All insurers shall in any case in which a child has healthcoverage through the insurer of a noncustodial parent:

(1) Provide such information to the custodial parent or legalguardian as may be necessary for the child to obtain benefits through suchcoverage;

(2) Permit the custodial parent or legal guardian, or provider, withthe custodial parent's approval, to submit claims for covered serviceswithout the approval of the noncustodial parent; and

(3) Make payment on claims submitted in accordance with subdivision(2) of this subsection directly to the parent, the provider, or thedivision of medical services.

5. The division of medical services may garnish the wages, salary, orother employment income of, and require withholding amounts from state taxrefunds, pursuant to section 143.783, RSMo, to any person who:

(1) Is required by court or administrative order to provide coverageof the costs of health services to a child who is eligible for medicalassistance under Medicaid; and

(2) Has received payment from a third party for the costs of suchservices to such child, but has not used such payment to reimburse, asappropriate, either the other parent or guardian of such child or theprovider of such services, to the extent necessary to reimburse thedivision of medical services for expenditures for such costs under itsplan. However, claims for current or past due child support shall takepriority over claims by the division of medical services.

6. The remedies for the collection and enforcement of medical supportestablished in this section are in addition to and not in substitution forother remedies provided by law and apply without regard to when the orderwas entered.