(1) Within twenty business days after the date on the National Medical Support Notice (NMSN), the employer must either send Part B to the plan administrator or send the employer response to the division of child support (DCS).
(2) The employer need take no action beyond responding to the NMSN if:
(a) The employer does not maintain or contribute to plans providing dependent or family health care coverage;
(b) The employee is among a class of employees (for example, part-time or nonunion) that are not eligible for family health coverage under any group health plan maintained by the employer or to which the employer contributes; or
(c) The employee either is no longer, or never has been, employed by this employer.
(3) If subsection (2) of this section does not apply, the employer must respond to the NMSN and must:
(a) Forward Part B of the NMSN to the plan administrator of each group health plan identified by the employer to enroll the obligated parent's eligible children (see WAC 388-14A-4130
for what the plan administrator must do after receiving an NMSN); and
(b) When notified by the plan administrator that the children are enrolled:
(i) Withhold any employee contributions required for health insurance premiums and transfer those premiums to the appropriate plan; or
(ii) Notify DCS that enrollment cannot be completed because the noncustodial parent's net earnings are not high enough to allow withholding of child support and health insurance premiums; in this situation, the employer must notify DCS of the amount of the premium required to cover the children.
(c) When notified by the plan administrator that the obligated parent is subject to a waiting period, notify the plan administrator when the obligated parent is eligible to enroll in the plan, and that the NMSN requires the enrollment of the children named in the NMSN.
[Statutory Authority: 2007 c 143, §§ 1, 2, 3, 4, 5, 7, 8, and 9. 08-12-029, § 388-14A-4125, filed 5/29/08, effective 7/1/08. Statutory Authority: RCW 74.08.090, 74.20A.310, and 26.18.170, 42 U.S.C. 666 (a)(19), Child Support Performance and Incentives Act of 1998, 45 C.F.R. 303.31, and 45 C.F.R. 303.32. 04-17-119, § 388-14A-4125, filed 8/17/04, effective 9/17/04.]