ORS 25.325 Enforcing medical support; form of notice; rules

When a child support order with a medical support clause is entered, the court or the enforcing agency may issue a qualified medical child support order as provided in section 609 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1169). The qualified medical child support order shall direct the providing party’s employer, or the plan administrator for the providing party’s employee health care coverage, to enroll the providing party’s child in the employee health benefit plan and direct the providing party’s employer to withhold any required premium from the providing party’s compensation.

When a child support order with a medical support clause is entered and child support services are being provided under ORS 25.080, the enforcing agency shall, when appropriate, issue a medical support notice to the providing party’s employer within two business days after receiving information under ORS 25.790 that the employer has hired or rehired the providing party.

If a child support order with a medical support clause is in effect or is being sought:

The providing party’s employer or the plan administrator for the providing party’s employee health care coverage shall release to the enforcing agency, upon request, the name and address of the health benefit plan that provides the coverage and the plan administrator; and

The plan administrator shall release to the obligee or the enforcing agency, upon request, information about health care coverage for dependents under the employee health benefit plan.

If a qualified medical child support order or a medical support notice has been served on the providing party’s employer, the order or notice is binding on the employer and the plan administrator for the providing party’s employee health benefit plan to the extent that the child is eligible to be enrolled in the health benefit plan under the applicable terms and conditions of the plan and the standard enrollment guidelines as described in ORS 743B.470. Enrollment of the child shall be allowed at any time, notwithstanding any enrollment season restrictions.

The Department of Justice, by rule, shall prescribe the form of a medical support notice for the purposes of ORS 25.321 to 25.343. In prescribing the form, the department shall consider all relevant federal law relating to medical support notices.