Current through codified legislation effective September 18, 2024
Section 1-307.42 - Employer obligationsWhere a parent is required by a court or administrative order to provide health coverage, which is available through the parent's employer, the employer shall:
(1) Permit the parent to enroll under family coverage any child who is otherwise eligible for coverage without regard to any enrollment restrictions;(2) Enroll the child under family coverage upon application by the child's other parent, or by the District of Columbia agency administering either the Medicaid program or the child support enforcement program pursuant to Title IV-D of the Social Security Act (88 Stat. 2351; 42 U.S.C. § 651 through 669 ), if the parent is enrolled but fails to make application to obtain coverage of the child;(2A) Enroll the child and the employed parent under family coverage upon application by the child's other parent, or by the District of Columbia agency administering either the Medicaid program or the child support enforcement program 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.), if the employed parent is not enrolled and the health insurance plan requires the employed parent's enrollment for the child to be eligible;(3) Not disenroll or eliminate coverage of any such child unless the employer is provided satisfactory written evidence that:(A) The court order is no longer in effect;(B) The child is or will be enrolled in comparable coverage which will take effect no later than the effective date of disenrollment;(C) The employer has eliminated family health coverage for all its employees; or(D) The employer no longer employs the parent and the parent has not elected to continue coverage through a plan offered by the employer for post-employment health insurance coverage for dependents;(4) Subject to §§ 46-251.07 and 46-251.08, withhold from the employee's compensation the employee's share (if any) of premiums for health coverage and to pay this amount to the insurer, except that the maximum amount so withheld may not exceed the maximum amount to be withheld under § 303(b) of the Consumer Credit Protection Act (82 Stat. 163; 15 U.S.C. § 1673(b) );(5) Upon receipt of a court or administrative order that has directed the parent to provide health insurance coverage for the child, provide the insurer with the order for health insurance coverage and inform the insurer that the order operates to enroll the child in the coverage; and(6) Upon receipt of a medical support notice issued by the IV-D agency under § 46-251.02, comply with the provisions of §§ 46-251.04, 46-251.07, and 46-251.08.Mar. 14, 1995, D.C. Law 10-202, § 3, 41 DCR 7704; Apr. 3, 2001, D.C. Law 13-269, § 102, 48 DCR 1270; Mar. 30, 2004, D.C. Law 15-130, § 201(b), 51 DCR 1615.