§ 108A-69. Employer obligations. - North Carolina Statutes

§ 108A‑69.  Employerobligations.

(a)        As used in thissection and in G.S. 108A‑70:

(1)        "Health benefitplan" means an accident and health insurance policy or certificate; anonprofit hospital or medical service corporation contract; a healthmaintenance organization subscriber contract; a plan provided by a multipleemployer welfare arrangement; the State Health Plan for Teachers and StateEmployees under Chapter 135 of the General Statutes; or a plan provided byanother benefit arrangement. "Health benefit plan" does not mean aMedicare supplement policy as defined in G.S. 58‑54‑1(5).

(2)        "Healthinsurer" means any health insurance company subject to Articles 1 through63 of Chapter 58 of the General Statutes, including a multiple employee welfarearrangement, and any corporation subject to Articles 65 and 67 of Chapter 58 ofthe General Statutes; a group health plan, as defined in Section 607(1) of theEmployee Retirement Income Security Act of 1974; and the State Health Plan forTeachers and State Employees under Chapter 135 of the General Statutes.

(b)        If a parent isrequired by a court or administrative order to provide health benefit plancoverage for a child, and the parent is eligible for family health benefit plancoverage through an employer, the employer:

(1)        Must allow theparent to enroll, under family coverage, the child if the child would beotherwise eligible for coverage without regard to any enrollment seasonrestrictions.

(2)        Must enroll thechild under family coverage upon application of the child's other parent orupon receipt of notice from the Department of Health and Human Services inconnection with its administration of the Medical Assistance or Child SupportEnforcement Program if the parent is enrolled but fails to make application toobtain coverage for the child.

(3)        May not disenroll oreliminate coverage of the child unless:

a.         The employer isprovided satisfactory written evidence that:

1.         The court oradministrative order is no longer in effect; or

2.         The child is or willbe enrolled in comparable health benefit plan coverage that will take effectnot later than the effective date of disenrollment; or

b.         The employer haseliminated family health benefit plan coverage for all of its employees.

(4)        Must withhold fromthe employee's compensation the employee's share, if any, of premiums forhealth benefit plan coverage, not to exceed the maximum amount permitted to bewithheld under section 303(b) of the federal Consumer Credit Protection Act, asamended; and must pay this amount to the health insurer; subject toregulations, if any, adopted by the Secretary of the U.S. Department of Healthand Human Services. (1993 (Reg. Sess., 1994), c. 644, s. 3; 1995, c. 193, s. 44; 1997‑433,s. 3.2; 1997‑443, s. 11A.118(a); 1998‑17, s. 1; 1999‑293, s.8; 2007‑323, s. 28.22A(o); 2007‑345, s. 12.)