For the purposes of this subchapter, the term:
(1) "Custodian" means the parent, relative, guardian, or other person with whom the dependent child resides.
(2) "Health insurance coverage" means benefits consisting of amounts paid for the diagnosis, cure, mitigation, treatment, or prevention of disease, or amounts paid for the purpose of affecting any structure or function of the body (provided directly, through insurance or reimbursement, or otherwise, and includes items and services) under any hospital or medical service policy or certificate, hospital, or medical service plan contract, or health maintenance organization contract offered by a health insurer that is available to either parent, under which medical services could be provided to a dependent child.
(3) "Health insurer" means any person that provides one or more health benefit plans or insurance in the District of Columbia, including a group health plan, as defined in section 607(1) of the Employee Retirement Income Security Act of 1974, approved April 7, 1986 (100 Stat. 231; 29 U.S.C. § 1167(1)), a plan administrator as defined in section 3(16) of the Employee Retirement Income Security Act of 1974, approved September 2, 1974 (88 Stat. 835; 29 U.S.C. § 1002(16)), an insurer, a hospital and medical service corporation, a health maintenance organization, a multiple employer welfare arrangement, or any other person providing a plan of health insurance subject to the authority of the Commissioner of the Department of Insurance and Securities Regulation.
(4) "IV-D agency" means the organizational unit of the District of Columbia government, its contractors or assignees, or a successor organizational unit, that is responsible for administering or supervising the administration of the District of Columbia's State Plan under Part D of Title IV of the Social Security Act, approved January 4, 1975 (88 Stat. 2351; 42 U.S.C. § 651 et seq.), pertaining to parent locator services, paternity establishment, and the establishment, modification, and enforcement of support orders.
(5) "Medical support notice" means a notice issued by the IV-D agency that meets the requirements of a National Medical Support Notice promulgated under section 401(b) of the Child Support Performance and Incentive Act of 1998, approved July 16, 1998 (112 Stat. 660; 42 U.S.C. § 651 note).
(6) "Support order" means a judgment, decree, or order, whether temporary or final, or subject to modification, issued by a court or an administrative agency of competent jurisdiction, for the support and maintenance of a child, including a child who has attained the age of majority under the law of the issuing state, or a child and the parent with whom the child is living, which provides for monetary support, health care, arrearages, or reimbursement, and which may include related costs and fees, interest and penalties, income withholding, attorneys' fees, and other relief.
(Mar. 30, 2004, D.C. Law 15-130, § 101, 51 DCR 1615; Mar. 20, 2008, D.C. Law 17-128, § 3(a), 55 DCR 1525.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 17-128, in par. (2), substituted "health insurer that is available to either parent, under which medical services could be provided to a dependent child" for "health insurer".
Temporary Addition of Section
For temporary (225 day) addition of section, see § 101 of Medical Support Establishment and Enforcement Temporary Amendment Act of 2002 (D.C. Law 14- 238, March 25, 2003, law notification 50 DCR 2751).
For temporary (225 day) addition of section, see § 101 of Medical Support Establishment and Enforcement Temporary Amendment Act of 2003 (D.C. Law 15-84, March 10, 2004, law notification 51 DCR 3376).
Emergency Act Amendments
For temporary (90 day) addition of this section, see § 101 of Medical Support Establishment and Enforcement Emergency Amendment Act of 2002 (D.C. Act 14-485, October 3, 2002, 49 DCR 9631).
For temporary (90 day) addition of this section, see § 101 of Medical Support Establishment and Enforcement Congressional Review Emergency Amendment Act of 2002 (D.C. Act 14-600, January 7, 2003, 50 DCR 664).
For temporary (90 day) addition of this section, see § 101 of Medical Support Establishment and Enforcement Emergency Amendment Act of 2003 (D.C. Act 15-208, October 24, 2003, 50 DCR 9856).
For temporary (90 day) addition of this section, see § 101 of Medical Support Establishment and Enforcement Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-330, January 28, 2004, 51 DCR 1603).
Legislative History of Laws
Law 15-130, the "Medical Support Establishment and Enforcement Amendment Act of 2004", was introduced in Council and assigned Bill No. 15-219, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on December 2, 2003, and January 6, 2004, respectively. Signed by the Mayor on January 28, 2004, it was assigned Act No. 15-331 and transmitted to both Houses of Congress for its review. D.C. Law 15-130 became effective on March 30, 2004.
Law 17-128, the "Child Support Compliance Amendment Act of 2008", was introduced in Council and assigned Bill No. 17-291 which was referred to the Committee on Public Safety and Judiciary. The Bill was adopted on first and second readings on December 11, 2007, and January 8, 2008, respectively. Signed by the Mayor on January 29, 2008, it was assigned Act No. 17-277 and transmitted to both Houses of Congress for its review. D.C. Law 17-128 became effective on March 20, 2008.
(a) In cases being enforced pursuant to Part D of Title IV of the Social Security Act, approved January 4, 1975 (88 Stat. 2351; 42 U.S.C. § 651 et seq.), where a parent is required by a support order to provide health insurance coverage for a child, which is available through the parent's employer, the IV-D agency may apply for the enrollment of the child in the health insurance coverage by submitting a medical support notice to the employer. The IV-D agency shall, where appropriate, submit a medical support notice to the employer when the support order requires the noncustodial parent to provide health insurance coverage for the child and the employer is known to the IV-D agency, unless the support order directs enrollment of the child in alternative coverage.
(b) Where a noncustodial parent is a newly hired employee entered in the District of Columbia Directory of New Hires pursuant to § 46-226.06, and the support order requires the noncustodial parent to provide health insurance coverage for a child, the IV-D agency shall submit the medical support notice to the employer within 2 business days after the entry of the employee in the directory.
(c) The IV-D agency shall promptly notify an employer that has received a medical support notice when there is no longer a support order in effect for which the IV-D agency is responsible that requires a parent to provide health insurance coverage for a child.
(Mar. 30, 2004, D.C. Law 15-130, § 102, 51 DCR 1615.)
HISTORICAL AND STATUTORY NOTES
Temporary Addition of Section
For temporary (225 day) addition of section, see § 102 of Medical Support Establishment and Enforcement Temporary Amendment Act of 2002 (D.C. Law 14- 238, March 25, 2003, law notification 50 DCR 2751).
For temporary (225 day) addition of section, see § 102 of Medical Support Establishment and Enforcement Temporary Amendment Act of 2003 (D.C. Law 15-84, March 10, 2004, law notification 51 DCR 3376).
Emergency Act Amendments
For temporary (90 day) addition of this section, see § 102 of Medical Support Establishment and Enforcement Emergency Amendment Act of 2002 (D.C. Act 14-485, October 3, 2002, 49 DCR 9631).
For temporary (90 day) addition of this section, see § 102 of Medical Support Establishment and Enforcement Congressional Review Emergency Amendment Act of 2002 (D.C. Act 14-600, January 7, 2003, 50 DCR 664).
For temporary (90 day) addition of this section, see § 102 of Medical Support Establishment and Enforcement Emergency Amendment Act of 2003 (D.C. Act 15-208, October 24, 2003, 50 DCR 9856).
For temporary (90 day) addition of this section, see § 102 of Medical Support Establishment and Enforcement Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-330, January 28, 2004, 51 DCR 1603).
Legislative History of Laws
For D.C. Law 15-130, see notes following § 46-251.01.
(a) A medical support notice shall be issued in a format consistent with federal requirements and shall contain all information required by federal law. A medical support notice shall:
(1) Conform with the requirements applicable to medical child support orders under section 609(a) of the Employee Retirement Income Security Act of 1974, approved August 10, 1993 (107 Stat. 371; 29 U.S.C. § 1169(a)), in connection with group health plans;
(2) Conform with the requirements of section 466(a)(19) of the Social Security Act, approved August 16, 1984 (98 Stat. 1306; 42 U.S.C. § 666(a) (19));
(3) Include a separate and easily severable employer withholding notice that informs the employer of:
(A) The employer's obligations under § 46-251.07 to withhold employee contributions due in connection with health insurance coverage a parent is required to provide for a child pursuant to a support order;
(B) The duration of the withholding requirement as stated in § 1-307.42(3);
(C) The applicability of the limits on withholding imposed under section 303 (b) of the Consumer Credit Protection Act, approved May 29, 1968 (82 Stat. 163; 15 U.S.C. § 1673(b));
(D) The applicability of any prioritization required under § 46-251.08 when the employee's earnings are insufficient to satisfy fully through withholding the employee's obligations to provide cash support and contributions for health insurance coverage for the child;
(E) The name and telephone number of the appropriate person to contact at the IV-D agency about the medical support notice;
(F) The employee's right to contest the withholding based on mistake of fact pursuant to § 46-251.09, and the employer's obligation to initiate and continue the withholding until the employer receives notice that the contest is resolved; and
(G) The applicability of sanctions against the employer under § 46-251.10 for discharging, refusing to employ, or taking disciplinary action against a parent because of the requirement to withhold employee contributions for health insurance coverage, or for failing to withhold or remit earnings.
(b) An appropriately completed medical support notice that meets the requirements of section 401(b) of the Child Support Performance and Incentive Act of 1998, approved July 16, 1998 (112 Stat. 663; 42 U.S.C. § 651 note), shall be deemed to be a qualified medical child support order under section 609(a)(2) of the Employee Retirement Income Security Act of 1974, approved August 10, 1993 (107 Stat. 371; 29 U.S.C. § 1169(a)(2)).
(c) A medical support notice issued in another jurisdiction shall be treated under this subchapter in the same manner as a medical support notice issued in the District of Columbia.
(Mar. 30, 2004, D.C. Law 15-130, § 103, 51 DCR 1615.)
HISTORICAL AND STATUTORY NOTES
Temporary Addition of Section
For temporary (225 day) addition of section, see § 103 of Medical Support Establishment and Enforcement Temporary Amendment Act of 2002 (D.C. Law 14- 238, March 25, 2003, law notification 50 DCR 2751).
For temporary (225 day) addition of section, see § 103 of Medical Support Establishment and Enforcement Temporary Amendment Act of 2003 (D.C. Law 15-84, March 10, 2004, law notification 51 DCR 3376).
Emergency Act Amendments
For temporary (90 day) addition of this section, see § 103 of Medical Support Establishment and Enforcement Emergency Amendment Act of 2002 (D.C. Act 14-485, October 3, 2002, 49 DCR 9631).
For temporary (90 day) addition of this section, see § 103 of Medical Support Establishment and Enforcement Congressional Review Emergency Amendment Act of 2002 (D.C. Act 14-600, January 7, 2003, 50 DCR 664).
For temporary (90 day) addition of this section, see § 103 of Medical Support Establishment and Enforcement Emergency Amendment Act of 2003 (D.C. Act 15-208, October 24, 2003, 50 DCR 9856).
For temporary (90 day) addition of this section, see § 103 of Medical Support Establishment and Enforcement Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-330, January 28, 2004, 51 DCR 1603).
Legislative History of Laws
For D.C. Law 15-130, see notes following § 46-251.01.
(a) Upon receipt of a medical support notice, an employer shall, within 20 business days after the date of the medical support notice:
(1) Determine whether health insurance coverage is available to the child included in the medical support notice based on the parent's employment status;
(2) Complete and return to the IV-D agency the applicable portion of the medical support notice if health insurance coverage is unavailable to the child based on the parent's employment status; and
(3) Send the medical support notice, excluding the severable employer withholding notice, to each health insurer that provides health insurance coverage for which the child may be eligible, if health insurance coverage is available to the child based on the parent's employment status.
(b) If the employer determines that the child cannot be enrolled in health insurance coverage because the employee contributions exceed the amount that may be withheld from the parent's earnings due to federal or District of Columbia withholding limitations or prioritizations, the employer shall promptly complete and send to the IV-D agency the applicable portion of the medical support notice.
(c) If the employer receives notice from a health insurer that the parent is subject to a waiting period that expires more than 90 days from the health insurer's receipt of the medical support notice, or that has a duration determined by a measure other than the passage of time, the employer shall inform the health insurer, when the parent is eligible to enroll in health insurance coverage, that the parent is eligible and that the medical support notice requires the enrollment of the child.
(d) Within 10 days after an employer receives notice that a parent subject to a medical support notice will terminate employment, or within 10 days after the termination, whichever occurs earlier, the employer shall notify the IV-D agency of the termination and provide the IV-D agency with the last known address and the name and address of the parent's new employer, if known.
(Mar. 30, 2004, D.C. Law 15-130, § 104, 51 DCR 1615.)
HISTORICAL AND STATUTORY NOTES
Temporary Addition of Section
For temporary (225 day) addition of section, see § 104 of Medical Support Establishment and Enforcement Temporary Amendment Act of 2002 (D.C. Law 14- 238, March 25, 2003, law notification 50 DCR 2751).
For temporary (225 day) addition of section, see § 104 of Medical Support Establishment and Enforcement Temporary Amendment Act of 2003 (D.C. Law 15-84, March 10, 2004, law notification 51 DCR 3376).
Emergency Act Amendments
For temporary (90 day) addition of this section, see § 104 of Medical Support Establishment and Enforcement Emergency Amendment Act of 2002 (D.C. Act 14-485, October 3, 2002, 49 DCR 9631).
For temporary (90 day) addition of this section, see § 104 of Medical Support Establishment and Enforcement Congressional Review Emergency Amendment Act of 2002 (D.C. Act 14-600, January 7, 2003, 50 DCR 664).
For temporary (90 day) addition of this section, see § 104 of Medical Support Establishment and Enforcement Emergency Amendment Act of 2003 (D.C. Act 15-208, October 24, 2003, 50 DCR 9856).
For temporary (90 day) addition of this section, see § 104 of Medical Support Establishment and Enforcement Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-330, January 28, 2004, 51 DCR 1603).
Legislative History of Laws
For D.C. Law 15-130, see notes following § 46-251.01.
(a) Upon receipt of a medical support notice from an employer, a health insurer shall, within 40 business days after the date of the notice:
(1) Determine whether the medical support notice contains:
(A) The employee's name and mailing address; and
(B) The name of the child to be enrolled in health insurance coverage and the mailing address of the child or a substituted official; and
(2)(A) Complete and send to the IV-D agency and the employer the applicable portion of the medical support notice if the medical support notice does not contain the information described in paragraph (1) of this subsection; or
(B) Comply with the following requirements, subject to subsections (c), (d), and (e) of this section, if the medical support notice contains the information described in paragraph (1) of this subsection:
(i) Determine the child's eligibility for enrollment in health insurance coverage;
(ii) Enroll the child in health insurance coverage if the child is eligible for enrollment and not already enrolled, without regard to enrollment season restrictions;
(iii) Enroll the child and the employee in health insurance coverage if the employee is not enrolled and the health insurance plan requires the employee's enrollment for the child to be eligible;
(iv) Complete and send to the IV-D agency and the employer the applicable portion of the medical support notice;
(v) Send the parent, the child's custodian, and the child a written notification that health insurance coverage is or will become available to the child; and
(vi) Send the child's custodian a written description of the available health insurance coverage, the effective date of the health insurance coverage, summary plan descriptions, and, if not already provided, forms, documents, or other information necessary to obtain health insurance coverage for the child and to submit claims for benefits.
(b) Notification to the child's custodian of the availability of health insurance coverage pursuant to subsection (a)(3)(E) of this section shall be deemed to be notification to the child if the child resides at the same address.
(c) If enrollment of a child in health insurance coverage is subject to a waiting period that has not been completed, within 40 business days after the date of the medical support notice the health insurer shall complete and send to the employer, the IV-D agency, and both parents the applicable portion of the medical support notice. Within 20 business days after the employee's completion of the waiting period, the health insurer shall comply with the requirements of subsection (a)(3) of this section.
(d) If a child is eligible for enrollment in more than one health insurance coverage option available through the employer, the health insurer shall, within 40 business days after the date of the medical support notice:
(1) Complete and send to the IV-D agency and the employer the applicable portion of the medical support notice; and
(2) Send the IV-D agency copies of applicable summary plan descriptions or other documents that describe the available coverage, including any additional employee contributions necessary to obtain coverage for the child under each option, and any applicable service area limitations for each option.
(e) Within 20 business days after the health insurer sends to the IV-D agency the information stated in subsection (d) of this section, the health insurer shall
(1) Enroll the child in the health insurance coverage option selected by the IV-D agency, and comply with the other requirements of subsection (a)(3) of this section, if the IV-D agency has notified the health insurer of its selection; or
(2) Enroll the child in any default option for which the child is eligible, and comply with the other requirements of subsection (a)(3) of this section, if the IV-D agency has not notified the health insurer of its selection of a different option.
(Mar. 30, 2004, D.C. Law 15-130, § 105, 51 DCR 1615; Apr. 13, 2005, D.C. Law 15-354, § 78, 52 DCR 2638.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 15-354, in subsec. (a)(2)(B), substituted "subsections" for "paragraphs".
Temporary Addition of Section
For temporary (225 day) addition of section, see § 105 of Medical Support Establishment and Enforcement Temporary Amendment Act of 2002 (D.C. Law 14- 238, March 25, 2003, law notification 50 DCR 2751).
For temporary (225 day) addition of section, see § 105 of Medical Support Establishment and Enforcement Temporary Amendment Act of 2003 (D.C. Law 15-84, March 10, 2004, law notification 51 DCR 3376).
Emergency Act Amendments
For temporary (90 day) addition of this section, see § 105 of Medical Support Establishment and Enforcement Emergency Amendment Act of 2002 (D.C. Act 14-485, October 3, 2002, 49 DCR 9631).
For temporary (90 day) addition of this section, see § 105 of Medical Support Establishment and Enforcement Congressional Review Emergency Amendment Act of 2002 (D.C. Act 14-600, January 7, 2003, 50 DCR 664).
For temporary (90 day) addition of this section, see § 105 of Medical Support Establishment and Enforcement Emergency Amendment Act of 2003 (D.C. Act 15-208, October 24, 2003, 50 DCR 9856).
For temporary (90 day) addition of this section, see § 105 of Medical Support Establishment and Enforcement Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-330, January 28, 2004, 51 DCR 1603).
Legislative History of Laws
For D.C. Law 15-130, see notes following § 46-251.01.
For Law 15-354, see notes following § 46-226.03.
(a) Upon receipt of notice from a health insurer that more than one health insurance coverage option is available for a child included in a medical support notice, the IV-D agency shall select an available option in consultation with the child's custodian.
(b) In selecting an option in consultation with the child's custodian pursuant to subsection (a) of this section, the IV-D agency shall consider, at a minimum, the cost, comprehensiveness, and accessibility of the health insurance coverage. For the purposes of this section, health insurance coverage shall be considered accessible if, based on the work history of the parent providing the coverage, it will be available for at least one year, and if the child lives within the geographic area covered by the plan or within 30 minutes or 30 miles of primary care services.
(c) The IV-D agency shall notify the health insurer of its selection promptly after the health insurer provides the IV-D agency with the information required under § 46-251.05(d).
(Mar. 30, 2004, D.C. Law 15-130, § 106, 51 DCR 1615; Mar. 20, 2008, D.C. Law 17-128, § 3(b), 55 DCR 1525.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 17-128 rewrote subsec. (b), which had read as follows:
"(b) In selecting an option in consultation with the child's custodian pursuant to subsection (a) of this section, the IV-D agency shall consider, at a minimum, the cost, comprehensiveness, accessibility, and continuing availability of the health insurance coverage."
Temporary Addition of Section
For temporary (225 day) addition of section, see § 106 of Medical Support Establishment and Enforcement Temporary Amendment Act of 2002 (D.C. Law 14- 238, March 25, 2003, law notification 50 DCR 2751).
For temporary (225 day) addition of section, see § 106 of Medical Support Establishment and Enforcement Temporary Amendment Act of 2003 (D.C. Law 15-84, March 10, 2004, law notification 51 DCR 3376).
Emergency Act Amendments
For temporary (90 day) addition of this section, see § 106 of Medical Support Establishment and Enforcement Emergency Amendment Act of 2002 (D.C. Act 14-485, October 3, 2002, 49 DCR 9631).
For temporary (90 day) addition of this section, see § 106 of Medical Support Establishment and Enforcement Congressional Review Emergency Amendment Act of 2002 (D.C. Act 14-600, January 7, 2003, 50 DCR 664).
For temporary (90 day) addition of this section, see § 106 of Medical Support Establishment and Enforcement Emergency Amendment Act of 2003 (D.C. Act 15-208, October 24, 2003, 50 DCR 9856).
For temporary (90 day) addition of this section, see § 106 of Medical Support Establishment and Enforcement Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-330, January 28, 2004, 51 DCR 1603).
Legislative History of Laws
For D.C. Law 15-130, see notes following § 46-251.01.
For Law 17-128, see notes following § 46-251.01.
(a) When an employer receives notice from a health insurer that a child has been enrolled in health insurance coverage pursuant to a medical support notice or a support order requiring a parent to provide health insurance coverage, the employer shall:
(1) Withhold from the employee's earnings the employee contributions required to effectuate health insurance coverage for the child in each plan in which the child is enrolled;
(2) Send the amount withheld to the applicable health insurer within 7 business days after the date the amount would have been next paid or credited to the employee;
(3) Continue to withhold premiums for health insurance coverage from the employee's earnings on a regular and consistent basis and pay the premiums to the health insurer; and
(4) Send each additional payment to the health insurer on the same date that the employee is compensated.
(b) Withholding for health insurance coverage shall not exceed the limitations set forth in § 303(b) of the Consumer Credit Protection Act, approved May 29, 1968 (82 Stat. 163; 15 U.S.C. § 1673(b)).
(c) Nothing in this subchapter shall alter the obligation of an obligor, obligee, employer, or other person or entity to comply with the provisions for the withholding of earnings or other income stated in subchapter I of Chapter 2 of this title.
(Mar. 30, 2004, D.C. Law 15-130, § 107, 51 DCR 1615.)
HISTORICAL AND STATUTORY NOTES
Temporary Addition of Section
For temporary (225 day) addition of section, see § 107 of Medical Support Establishment and Enforcement Temporary Amendment Act of 2002 (D.C. Law 14- 238, March 25, 2003, law notification 50 DCR 2751).
For temporary (225 day) addition of section, see § 107 of Medical Support Establishment and Enforcement Temporary Amendment Act of 2003 (D.C. Law 15-84, March 10, 2004, law notification 51 DCR 3376).
Emergency Act Amendments
For temporary (90 day) addition of this section, see § 107 of Medical Support Establishment and Enforcement Emergency Amendment Act of 2002 (D.C. Act 14-485, October 3, 2002, 49 DCR 9631).
For temporary (90 day) addition of this section, see § 107 of Medical Support Establishment and Enforcement Congressional Review Emergency Amendment Act of 2002 (D.C. Act 14-600, January 7, 2003, 50 DCR 664).
For temporary (90 day) addition of this section, see § 107 of Medical Support Establishment and Enforcement Emergency Amendment Act of 2003 (D.C. Act 15-208, October 24, 2003, 50 DCR 9856).
For temporary (90 day) addition of this section, see § 107 of Medical Support Establishment and Enforcement Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-330, January 28, 2004, 51 DCR 1603).
Legislative History of Laws
For D.C. Law 15-130, see notes following § 46-251.01.
(a) If there are insufficient funds available within the limits of section 303(b) of the Consumer Credit Protection Act, approved May 29, 1968 (82 Stat. 163; 15 U.S.C. § 1673(b)), to meet the employee's contribution necessary for the coverage of each child included in a support order and to comply with a notice or order to withhold received pursuant to § 46-212, the employer shall allocate the funds available according to the following priority, unless the court directs otherwise:
(1) Current child and spousal support;
(2) Health insurance premiums or current cash medical support;
(3) Arrearages for current support and current cash medical support; and
(4) Other child support obligations.
(b) If an employer is required to withhold earnings or employee contributions for health insurance coverage pursuant to more than one support order, the employer shall prorate among the support orders subject to withholding the amount of the employee's earnings that are available for withholding within the limits of section 303(b) of the Consumer Credit Protection Act, approved May 29, 1968 (82 Stat. 163; 15 U.S.C. § 1673(b)), and determine whether the available earnings are sufficient to satisfy current cash support due under all applicable support orders. The employer shall not withhold contributions for health insurance coverage required under any support order until all the employee's current cash support obligations are satisfied. The employer shall fully satisfy each priority level stated in subsection (a) of this section for all of the employee's support orders before applying payments to an obligation with a lesser priority.
(c) An employer shall apply the law of the employee's principal place of employment in determining the limitations and priorities applicable to the withholding of employee contributions for health insurance coverage.
(Mar. 30, 2004, D.C. Law 15-130, § 108, 51 DCR 1615; Mar. 20, 2008, D.C. Law 17-128, § 3(c), 55 DCR 1525.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 17-128 rewrote the section which had read as follows:
"(a) If withholding of both the full amount of current cash support and the full amount of an employee's contributions for health insurance coverage for a child included in a medical support notice or a support order requiring a parent to provide health insurance coverage exceeds the limits of section 303(b) of the Consumer Credit Protection Act, approved May 29, 1968 (82 Stat. 163; 15 U.S.C. § 1673(b)), then current cash support shall receive priority and shall be withheld in full prior to any withholding being made for employee contributions for health insurance coverage.
"(b) If the full amount of current cash support and the full amount of employee contributions for health insurance coverage can be withheld within the limits of section 303(b) of the Consumer Credit Protection Act, approved May 29, 1968 (82 Stat. 163; 15 U.S.C. § 1673 (b)), the employer shall withhold earnings for additional cash amounts that are subject to withholding after the employee's obligations for current cash support and contributions for health insurance coverage are satisfied.
"(c) If an employer is required to withhold earnings or employee contributions for health insurance coverage pursuant to more than one support order, the employer shall prorate among the support orders subject to withholding the amount of the employee's earnings that are available for withholding within the limits of section 303(b) of the Consumer Credit Protection Act, approved May 29, 1968 (82 Stat. 163; 15 U.S.C. § 1673(b)), and determine whether the available earnings are sufficient to satisfy current cash support due under all applicable support orders. The employer shall not withhold contributions for health insurance coverage required under any support order until all the employee's current cash support obligations are satisfied.
"(d) An employer shall apply the law of the employee's principal place of employment in determining the limitations and priorities applicable to the withholding of employee contributions for health insurance coverage."
Temporary Addition of Section
For temporary (225 day) addition of section, see § 108 of Medical Support Establishment and Enforcement Temporary Amendment Act of 2002 (D.C. Law 14- 238, March 25, 2003, law notification 50 DCR 2751).
For temporary (225 day) addition of section, see § 108 of Medical Support Establishment and Enforcement Temporary Amendment Act of 2003 (D.C. Law 15-84, March 10, 2004, law notification 51 DCR 3376).
Emergency Act Amendments
For temporary (90 day) addition of this section, see § 108 of Medical Support Establishment and Enforcement Emergency Amendment Act of 2002 (D.C. Act 14-485, October 3, 2002, 49 DCR 9631).
For temporary (90 day) addition of this section, see § 108 of Medical Support Establishment and Enforcement Congressional Review Emergency Amendment Act of 2002 (D.C. Act 14-600, January 7, 2003, 50 DCR 664).
For temporary (90 day) addition of this section, see § 108 of Medical Support Establishment and Enforcement Emergency Amendment Act of 2003 (D.C. Act 15-208, October 24, 2003, 50 DCR 9856).
For temporary (90 day) addition of this section, see § 108 of Medical Support Establishment and Enforcement Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-330, January 28, 2004, 51 DCR 1603).
Legislative History of Laws
For D.C. Law 15-130, see notes following § 46-251.01.
For Law 17-128, see notes following § 46-251.01.
(a) An employee is liable for employee contributions required to enroll a child in health insurance coverage pursuant to a medical support notice or a support order, except that an employee may contest a withholding for employee contributions for health insurance coverage based on a mistake of fact.
(b) An employee may contest a withholding for employee contributions for health insurance coverage by filing a motion to quash the withholding with the Superior Court of the District of Columbia, with service upon the IV-D agency if the withholding was commenced pursuant to a medical support notice. The employee shall file the motion within 15 days after the date the first employee contributions for health insurance coverage are withheld from the employee's earnings.
(c) The only grounds for contesting a withholding based on a mistake of fact under this section are:
(1) The identity of the employee;
(2) The accuracy of the amount of the employee contributions withheld to enroll the child in the health insurance coverage;
(3) The existence of an underlying support order requiring the employee to provide health insurance coverage for the child; and
(4) Whether the amount withheld for health insurance coverage exceeds the limits of section 303(b) of the Consumer Credit Protection Act, approved May 29, 1968 (82 Stat. 163; 15 U.S.C. § 1673(b)).
(d) Enrollment of a child in health insurance coverage and withholding of the employee's contributions for health insurance coverage shall not be stayed or terminated until the employer receives written notice that the contest has been resolved in the employee's favor.
(e) Nothing in this section shall be construed to limit an employee's right to contest an underlying support order requiring the employee to provide health insurance coverage for a child.
(Mar. 30, 2004, D.C. Law 15-130, § 109, 51 DCR 1615.)
HISTORICAL AND STATUTORY NOTES
Temporary Addition of Section
For temporary (225 day) addition of section, see § 109 of Medical Support Establishment and Enforcement Temporary Amendment Act of 2002 (D.C. Law 14- 238, March 25, 2003, law notification 50 DCR 2751).
For temporary (225 day) addition of section, see § 109 of Medical Support Establishment and Enforcement Temporary Amendment Act of 2003 (D.C. Law 15-84, March 10, 2004, law notification 51 DCR 3376).
Emergency Act Amendments
For temporary (90 day) addition of this section, see § 109 of Medical Support Establishment and Enforcement Emergency Amendment Act of 2002 (D.C. Act 14-485, October 3, 2002, 49 DCR 9631).
For temporary (90 day) addition of this section, see § 109 of Medical Support Establishment and Enforcement Congressional Review Emergency Amendment Act of 2002 (D.C. Act 14-600, January 7, 2003, 50 DCR 664).
For temporary (90 day) addition of this section, see § 109 of Medical Support Establishment and Enforcement Emergency Amendment Act of 2003 (D.C. Act 15-208, October 24, 2003, 50 DCR 9856).
For temporary (90 day) addition of this section, see § 109 of Medical Support Establishment and Enforcement Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-330, January 28, 2004, 51 DCR 1603).
Legislative History of Laws
For D.C. Law 15-130, see notes following § 46-251.01.
(a) An employer shall not discharge, refuse to employ, or take disciplinary action against a parent or employee based on the parent or employee's obligation to provide health insurance coverage for a child under a medical support notice or a support order.
(b) There shall be a rebuttable presumption that an employer who engages in conduct described in subsection (a) of this section, within 90 days from the date of receipt of the medical support notice or the support order, is in violation of this section and may be subject to the sanctions in subsection (c) of this section.
(c) Any employer who engages in conduct described in subsection (a) of this section shall be subject to a civil penalty of up to $10,000. An employee, a parent, or the IV-D agency may bring a civil action against an employer who violates subsection (a) of this section. A civil penalty obtained under this section shall be used to offset the employee's duty of support.
(d) If an employer fails to withhold an employee contribution for health insurance coverage or fails to send a withheld contribution to the health insurer as required by § 46-251.08, a judgment shall be entered against the employer for the amount not withheld or paid to the health insurer, and for any reasonable counsel fees and court costs incurred by the employee, a parent, the health insurer, or the IV-D agency as a result of the failure to withhold or make payment.
(e) An employer shall be liable for unreimbursed health care expenses incurred by or on behalf of a child as a result of the employer's failure to comply with the requirements of this subchapter or § 1-307.42.
(f) A health insurer shall be liable for unreimbursed health care expenses incurred by or on behalf of a child as a result of the health insurer's failure to comply with the requirements of this subchapter or § 1-307.41.
(g) Neither an employer nor a health insurer shall be subject to liability under subsections (d), (e), or (f) of this section if the employer or health insurer proves by a preponderance of the evidence that the failure to comply was due to exigent circumstances beyond the control of the employer or health insurer.
(h) Neither an employer nor a health insurer who complies, in accordance with the requirements of this subchapter, with a medical support notice or a support order that is regular on its face shall be subject to civil liability to an individual or entity for conduct in compliance with the medical support notice or support order.
(Mar. 30, 2004, D.C. Law 15-130, § 110, 51 DCR 1615.)
HISTORICAL AND STATUTORY NOTES
Temporary Addition of Section
For temporary (225 day) addition of section, see § 110 of Medical Support Establishment and Enforcement Temporary Amendment Act of 2002 (D.C. Law 14- 238, March 25, 2003, law notification 50 DCR 2751).
For temporary (225 day) addition of section, see § 110 of Medical Support Establishment and Enforcement Temporary Amendment Act of 2003 (D.C. Law 15-84, March 10, 2004, law notification 51 DCR 3376).
Emergency Act Amendments
For temporary (90 day) addition of this section, see § 110 of Medical Support Establishment and Enforcement Emergency Amendment Act of 2002 (D.C. Act 14-485, October 3, 2002, 49 DCR 9631).
For temporary (90 day) addition of this section, see § 110 of Medical Support Establishment and Enforcement Congressional Review Emergency Amendment Act of 2002 (D.C. Act 14-600, January 7, 2003, 50 DCR 664).
For temporary (90 day) addition of this section, see § 110 of Medical Support Establishment and Enforcement Emergency Amendment Act of 2003 (D.C. Act 15-208, October 24, 2003, 50 DCR 9856).
For temporary (90 day) addition of this section, see § 110 of Medical Support Establishment and Enforcement Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-330, January 28, 2004, 51 DCR 1603).
Legislative History of Laws
For D.C. Law 15-130, see notes following § 46-251.01.
