Title 15 . Revenue

Chapter 125 . (Repealed)

Section 426. Notice to employer to withhold for health care coverage

15 AAC 125.426. Notice to employer to withhold for health care coverage

(a) Except as provided in 15 AAC 125.428, if the agency is enforcing a support order that requires a parent to provide health care coverage for the children, the agency will send to the parent's employer a notice to withhold for health care coverage. The notice will be sent by first class mail or by electronic means, within two business days after the entry of the parent in the state directory of new hires under AS 25.27.075 or within 10 business days after the agency learns of the identity of the parent's employer through sources other than the state directory of new hires. Notice will not be sent under this section if the agency has made a finding of the existence and availability of alternative coverage under 15 AAC 125.427(f) .

(b) If the support order requires a parent to provide health care coverage for the children but does not specify which parent is to provide the coverage, or if both parents have coverage available to them through an employment-related group health plan, the agency will send the notice under (a) of this section to the non-custodial parent's employer.

(c) To the extent required by federal law, the agency will use the standard forms promulgated under 42 U.S.C. 666(a)(19) for providing notice to the employer under (a) of this section.

(d) If health care coverage is available for the employee's children, the employer shall transfer the notice sent under (a) of this section to the appropriate group health plan within 20 business days after the date the notice is sent to the employer. Subject to the withholding priorities in 15 AAC 125.570 - 15 AAC 125.572, the employer shall withhold from the employee's income the employee contribution necessary for coverage of the children and send any amount withheld directly to the appropriate group health plan, as required by the plan. If health care coverage is not available, the employer shall notify the agency within 20 days after the notice was sent by completing and returning the forms provided by the agency.

(e) The agency will promptly notify the employer when the agency is no longer enforcing a medical support order for the children.

(f) An employer who has received a notice under (a) of this section shall provide the agency with the policy name and number of any group health plan that provides coverage for the children and the name of each individual covered by the policy. The employer shall provide this information to the agency by completing and returning the forms provided by the agency within 14 days after the notice is sent to the employer under (a) of this section.

(g) The employer shall notify the agency within 20 days after a change occurs in the required health care coverage or a change occurs in the parent's employment that may affect the health care coverage available for the children.

(h) A notice issued under (a) of this section remains effective until the

(1) support obligation has terminated as provided in 15 AAC 125.873;

(2) medical support order upon which the notice was based is terminated or modified by subsequent order issued by a tribunal of competent jurisdiction;

(3) agency sends the employer a notice terminating the notice issued under (a) of this section; or

(4) employer has terminated the obligor's employment and at least three years have elapsed since that termination without reemployment of the obligor.

History: Eff. 11/30/2002, Register 164; am 4/1/2005, Register 173

Authority: AS 25.27.020

AS 25.27.060

AS 25.27.062

AS 25.27.063

AS 25.27.140