The OKDHS hild Support Enforcement Division is required to obtain and enforce orders for medical support for all eligible children who are included in active IV-D cases. Medical support includes health insurance if it is available to a noncustodial parent at reasonable cost. This process is a federal requirement 45 C.F.R. §303.31 (Link opens in new window).
If health insurance is available through an employment-related group health plan, the employer and insurer are required by federal and state law and regulations Social Security Act §466(a)(19) (Link opens in new window), 45 C.F.R. §303.32, 36 O.S. §6058A (Link opens in new window), and 43 O.S. §118.2 (Link opens in new window) to permit the non custodial parent to enroll a child who is otherwise eligible for the coverage without regard to any enrollment season restrictions.
The Child Support Enforcement Division issues the National Medical Support Notice to employers and insurers to inform them of their responsibilities. Oklahoma law 36 O.S. §6058A (Link opens in new window), and 43 O.S. §118.2 (Link opens in new window) provides for sanctions against employers and insurers who fail to comply with the Child Support Enforcement National Medical Support Notice.
In addition, under 45 C.F.R. §303.30 (Link opens in new window), the Child Support Enforcement Division is required to obtain the policy name(s), policy number(s) and names(s) of person(s) covered. The Child Support Enforcement Division may also send an insurance survey to employers and insurers to obtain this additional information.
The Health Insurance Portability and Accountability Act (HIPAA) restrictions have no impact on the employer's obligation to enroll minor child(ren) of the employee and to report the information requested on the National Medical Support Notice and the insurance survey. This information is not protected health information as defined in 45 C.F.R. §164.501(Link opens in new window). Even if this information were to be construed as protected health information, a covered entity may disclose protected health information to the extent that disclosure is required by law or to an agency performing a government regulatory program. (45 C.F.R. §164.512(a) & (d)(1)(iii)) (Link opens in new window).