§ 1–307.42. Employer obligations.

Where 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(A) The court order is no longer in effect;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;

(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.)

Prior Codifications

1981 Ed., § 1-359.2.

Section References

This section is referenced in § 46-205, § 46-251.03, and § 46-251.10.

Effect of Amendments

D.C. Law 13-269, in par. 3(C), deleted “and” at the end; in par. (4), substituted “; and” for a period at the end; and added par. (5).

D.C. Law 15-130, added pars. (2A), (3)(D), and (6); in par. (3), deleted “or” from the end of subpar. (B), and added “or” to the end of subpar. (C); in par. (4), substituted “Subject to §§ 46-251.07 and 46-251.08, withhold” for “Withhold”; and rewrote par. (5) which had read:

“(5) Inform the health insurance provider, upon receipt of notice indicating that a court or administrative order has directed the parent to provide health insurance coverage for the child, that receipt of the notice by the employer operates to enroll the child in the health insurance plan, unless the parent contests the notice in accordance with rules adopted by the Mayor or the Superior Court.”

Emergency Legislation

For temporary amendment of section, see § 2 of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1997 (D.C. Act 12-222, December 23, 1997, 44 DCR 114), § 2 of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-309, March 20, 1998, 45 DCR 1923), § 2 of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110), § 2 of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, November 2, 1998, 45 DCR 8495), and § 2 of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239).

For temporary (90-day) amendment of section, see § 102 of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) amendment of section, see § 102 of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).

For temporary (90-day) amendment of section, see § 102 of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).

For temporary (90 day) amendment of section, see § 102 of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213).

For temporary (90 day) amendment of section, see § 102 of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).

For temporary (90 day) amendment of section, see § 201(b) 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) amendment of section, see § 201(b) 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) amendment of section, see § 201(b) 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) amendment of section, see § 201(b) of Medical Support Establishment and Enforcement Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-330, January 28, 2004, 51 DCR 1602).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2 of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-103, May 8, 1998, law notification 45 DCR 3254).

For temporary (225 day) amendment of section, see § 2 of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).

For temporary (225 day) amendment of section, see § 102 of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).

For temporary (225 day) amendment of section, see § 102 of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).

For temporary (225 day) amendment of section, see § 201(b) 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) amendment of section, see § 201(b) of Medical Support Establishment and Enforcement Temporary Amendment Act of 2003 (D.C. Law 15-84, March 10, 2004, law notification 51 DCR 3376).