TITLE XII
PUBLIC SAFETY AND WELFARE
Chapter 161-H
MEDICAL CHILD SUPPORT
Section 161-H:1
161-H:1 Definitions. –
In this chapter:
I. "Dependent child" means any natural or adoptive child or stepchild who has not terminated high school education or reached the age of 18 years, whichever is later, or becomes married or otherwise emancipated, or becomes a member of the armed services.
II. "Department" means the New Hampshire department of health and human services.
III. "Employer" means any person, firm, corporation, or association, or any political subdivision or department of the state or federal government, which employs a person or pays wages or any other compensation.
IV. "Insurer" means a group health plan, as defined in section 607(1) of the Employee Retirement Income Act of 1974, a health maintenance organization, or an entity offering a service benefit plan.
V. "Medical assistance" means medical assistance granted under RSA 161 and RSA 167.
VI. "Medical child support order" means any valid judgment or order to provide health coverage for dependent children issued by any court or administrative body of the state of New Hampshire or any other state, including an order in a final decree of divorce.
VI-a. "National Medical Support Notice" means a notice conforming to section 401(b) of the Child Support Performance and Incentive Act of 1998, and implementing federal regulations.
VII. "Obligor" means the person found to be legally liable for medical child support.
VIII. "Wages" means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and specifically includes periodic payments pursuant to pension or retirement programs, disability plans, unemployment compensation, and workers' compensation payments.
Source. 1994, 214:1. 1995, 310:119. 2002, 56:1, eff. June 25, 2002.
Section 161-H:2
161-H:2 Enrollment of Children. –
I. An insurer shall not deny enrollment of a child under the health care coverage of a parent on the grounds that:
(a) The child was born out of wedlock;
(b) The child is not claimed as a dependent on the parent's federal income tax return; or
(c) The child does not reside with the parent or in the insurer's service area.
II. In any case in which a parent is required by a court or administrative order to provide health coverage for a child and the parent is eligible for family health coverage through an insurer, the insurer shall:
(a) Permit such parent to enroll under such family coverage any such child who is otherwise eligible for such coverage without regard to open season restrictions.
(b) If such a parent is eligible to enroll for family health care coverage but fails to make application to obtain coverage of such child, allow the child to be enrolled by the other parent or by the department of health and human services.
(c) Not terminate coverage of such a child, unless the insurer is provided satisfactory written evidence that:
(1) Such court or administrative order is no longer in effect, or
(2) The child is or will be enrolled in comparable health coverage through another insurer which will take effect not later than the effective date of such disenrollment.
(d) The signature of the custodial parent, guardian, or caretaker of the insured dependent child is a valid authorization to the insurer for purposes of processing an insurance reimbursement payment to the provider of medical services.
III. In any case in which a parent is required by a court or administrative order to provide health coverage for a child and the parent is eligible for family health coverage through an employer doing business in the state, the parent's employer shall:
(a) Permit such parent to enroll under such family coverage any child who is otherwise eligible for such coverage without regard to any enrollment season restrictions.
(b) If a parent is eligible to enroll for family health care coverage but fails to make application to obtain coverage of the child, allow enrollment of the child under the family coverage upon application by the child's other parent or the department of health and human services.
(c) Not disenroll or eliminate coverage of any such child unless:
(1) The employer is provided satisfactory written evidence that the court or administrative order is no longer in effect, or the child is or will be enrolled in comparable health coverage which will take effect not later than the effective date of the disenrollment; or
(2) The employer has eliminated family health coverage for all of its employees.
(d) Withhold from the employee's wages the employee's share, if any, of premiums for health coverage, except that the amount withheld shall not exceed the maximum permitted under section 303(b) of the Consumer Credit Protection Act, and rules of the commissioner of the department relative to prioritization of withholding between child support and health coverage and pay that share of premiums to the insurer.
(e) Notify the department within 15 days of the employee's termination of employment, and provide the employee's last known address and the name and address of the present employer, if known.
III-a. The department shall use the National Medical Support Notice to notify employers of a court or administrative order to provide health care coverage to a child of an employee whenever the department is responsible for enforcing the medical child support order, unless the order stipulates alternative health care coverage to employment-related health care coverage; and the National Medical Support Notice shall be deemed to be an application to enroll the child in the employment-related health care coverage.
III-b. Where the parent is a newly hired employee entered in the state directory of new hires maintained by the department of employment security pursuant to RSA 282-A:117-a, I, the department shall, where appropriate, provide to the employer a National Medical Support Notice and an income withholding notice pursuant to paragraph III-a in accordance with the timeframes required by section 466(a)(19)(B) of the Social Security Act.
III-c. The employer shall transfer a National Medical Support Notice within 20 business days after the date of the National Medical Support Notice to any insurer providing health care coverage for which the child is eligible.
IV. In any case in which a child has health coverage through the insurer of a non-custodial parent, the insurer shall:
(a) Provide such information to the custodial parent as may be necessary for the child to obtain benefits through such coverage.
(b) Permit the custodial parent (or provider, with the custodial parent's approval) to submit claims for covered services without the approval of the non-custodial parent.
(c) Make payment on claims submitted in accordance with subparagraph (b) directly to such custodial parent, the provider, or the department.
V. The department under RSA 161-H:3 may attach the wages, salary, or other employment income of any person who:
(a) Is required by court or administrative order to provide coverage of the costs of health services to a child who is eligible for medical assistance under Title XIX of the Social Security Act;
(b) Has received payment from a third party for the costs of such services to such child; and
(c) Has not used such other payments to reimburse, as appropriate, either the other parent or guardian of such child or the provider of such services, to the extent necessary to reimburse the department for expenditures for such costs under its plan under Title XIX of the Social Security Act, but any claims for current or past due child support shall take priority over any such claims for the cost of such services.
VI. An insurer shall not impose any requirements on the department in cases where the department has been assigned the rights of an individual eligible for medical assistance under Title XIX and covered for health benefits from the insurer, which are different from requirements applicable to an agent or assignee of any other individual so covered.
VII. Any employer who violates any provision of paragraph III, III-c, or V shall be guilty of a misdemeanor.
Source. 1994, 214:1. 1995, 310:175, 181. 2002, 56:2-5. 2010, 166:1, 2, eff. June 17, 2010.
Section 161-H:3
161-H:3 Assignment of Wages. –
I. Medical child support orders issued on or after October 1, 1994, shall include a provision indicating that they may be subject to wage assignment, when the conditions of RSA 161-H:2, V have been met.
II. The department shall be responsible for the administration of medical support orders for children eligible for medical assistance.
III. The department may take legal action to institute wage withholding under this chapter to enforce medical child support orders for children receiving medical assistance.
IV. All medical child support orders administered and enforced by the department shall be subject to immediate wage withholding, except when the department accepts an alternative arrangement for payment from the obligor or when the court or administrative body finds there is good cause not to require immediate wage withholding.
V. Any amount withheld by the department under this section shall be subject to the requirements of RSA 161-H:2, V(c) as well as the exemptions in RSA 511:2, and the total amount withheld shall not exceed the amount specified in 15 U.S.C. 1673(b).
Source. 1994, 214:1; 403:6. 1995, 310:175, eff. Nov. 1, 1995.
Section 161-H:4
161-H:4 Notice to Obligor. –
Before notice of the wage withholding may be given to the employer, the obligor shall be given at least 15 days' prior notice of the commencement of wage withholding procedures under this chapter. The notice to the obligor shall include:
I. The amount to be withheld.
II. A statement that the withholding applies to any current or subsequent employment.
III. The procedures for contesting withholding and that the only basis for contesting withholding is a mistake of fact.
IV. The period within which the payor must contact the state in order to contest the withholding and that the failure to notify the state within the specified time limit will result in the commencement of withholding procedures.
Source. 1994, 214:1, eff. Oct. 1, 1994.
Section 161-H:5
161-H:5 Notice to Employer. –
Before the commencement of withholding procedures, the obligor's employer shall be given notice of the following:
I. The amount to be withheld and that it cannot exceed the limits set under RSA 161-H:2, V.
II. That the employer must implement withholding no later than the first pay period that occurs after 14 days after the notice was mailed.
III. That the withholding is binding on the employer until further notice.
IV. That the employer must send the withheld amount to the state or other payee at the same time the obligor is paid.
V. That the employer is liable for the accumulated amount it should have withheld if it fails to withhold in accordance with the provisions of the notice.
VI. That the withholding under this section shall have priority over any other legal process under state law against the same wages, with the exception of claims for current or past due child support.
VII. That in addition to the amount withheld for medical child support, the employer may deduct a fee of $1 for each withholding for the administrative cost incurred as a result of the withholding procedures.
VIII. That the employers shall be guilty of a misdemeanor and subject to a fine of up to $1,000 for discharging, refusing to employ, or taking any disciplinary action against an obligor because of the withholding procedures.
IX. That the employer shall notify the state or other payee within 15 days of the obligor's termination of employment, and shall provide the obligor's last known address and the name of and address of the present employer, if known.
X. That the employer shall be guilty of a class B misdemeanor for failure to comply with the provisions of paragraphs I-V.
XI. That the employer shall be liable for an administrative fine of $100 per pay period for each employee who has wage assignment obligations with that employer payable directly to the department with respect to whom the employer has willfully failed to comply with the provisions of paragraphs II and IV. Prior to assessing such fine against the employer, the department shall notify the employer of its intent to assess the fine, the amount of the fine, the date by which the fine is payable, and shall provide the employer with the opportunity to contest the imposition of the fine. The only basis for contesting the imposition of such fine is a mistake of fact or that the employer did not knowingly fail to comply with the provisions of paragraphs II and IV.
Source. 1994, 214:1. 1995, 310:175, eff. Nov. 1, 1995.
Section 161-H:6
161-H:6 Opportunity to Contest Withholding. –
I. Within 45 days after the date of the notice to the obligor required by RSA 161-H:4, the department shall:
(a) Provide to the obligor an opportunity to present his case to the department.
(b) Determine if the withholding will occur based on an evaluation of the facts.
(c) Provide notice to the obligor of whether or not the withholding will occur, and, if it is to occur, include in the notice the time when the withholding will begin and the information given to the employer in the notice required under RSA 161-H:5.
II. If the obligor contests the withholding as provided in this section, the notice to the employer required under RSA 161-H:5 shall not be sent until a decision has been made under subparagraph I(b).
III. Where an individual or legal representative is seeking to establish or implement a wage assignment under this section, a judicial determination shall be made prior to institution of the wage assignment.
Source. 1994, 214:1. 1995, 310:175, eff. Nov. 1, 1995.
Section 161-H:7
161-H:7 Withholding at the Request of the Obligor. –
Upon the request of the obligor, the department may establish wage withholding under this section.
Source. 1994, 214:1. 1995, 310:175, eff. Nov. 1, 1995.
Section 161-H:8
161-H:8 Termination of Wage Assignment. –
The department shall provide the termination of withholding in cases when the obligation has terminated.
Source. 1994, 214:1. 1995, 310:175, eff. Nov. 1, 1995.
Section 161-H:9
161-H:9 Rulemaking. –
The commissioner of the department of health and human services shall adopt rules, under RSA 541-A, as may be necessary for the purposes of this chapter.
Source. 1994, 214:1. 1995, 310:182, eff. Nov. 1, 1995.