National Medical Support Notice - Frequently Asked Questions
How do we add on insurance premium without exceeding 50 percent?
First withhold for current support, then health insurance, and then for arrears.
If current support plus the cost of health insurance exceeds 50 percent of the employee's earnings, check to see if dropping dental or vision or both will keep the deductions under the maximum support deduction.
If the cost of the health insurance coverage along with the withholding for current support consistently exceeds 50 percent, then the Local Child Support Agency ("LCSA") would not be able to enforce the health insurance coverage.
If withholding for health insurance would cause a withholding in excess of 50 percent, is there anything else we need to do?
Yes. The National Medical Support Notice contains two parts:
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Part A - Notice to Withhold for Health Care Coverage
If withholding for health insurance would cause total withholdings to exceed the legal limit, then you have twenty business days after the date of the notice to return Part A to the LCSA.
Other situations may also arise which would require you to return Part A to the LCSA. These are discussed briefly below.
- Part B - Medical Support Notice to Plan Administrator
If the employer is not required to return Part A to the LCSA, then the employer has twenty business days to forward Part B to the Plan Administrator.
Can we force an employee to sign the enrollment application?
No, you cannot force an employee to sign a health insurance enrollment application. However, insurance companies must honor the National Medial Support Notice if a copy of the notice is attached to the enrollment application. In place of the employee's signature on the application, simply write "court ordered."
Do we also have to enroll the children in dental and vision?
If offered by the employer, health insurance by the state's definition includes, dental and vision whether the dental care or vision care coverage are part of the existing health insurance coverage or it is issued as a separate policy or plan.
The employee states that he or she is going to enroll the children with an outside insurance. Am I still responsible for taking any action regarding the health insurance order?
Yes. If the children are already covered through another source, proof of this coverage should be provided to the employer and the LCSA immediately. The outside insurance must be comparable to the insurance offered by you and must take effect no later than the effective date of disenrollment.
Our business does not offer health insurance. Do I need to respond to the National Medical Support Order?
Yes. If your business does not offer health insurance to your employees, then you have twenty business days after the date of the notice to return Part A to the LCSA.
The employee is not eligible for health insurance at this time. Does the LCSA need to know this?
Yes. Return Part A to the LCSA within 20 business days with a complete explanation of why your business is unable to honor the National Medical Support Notice at this time (e.g., employee is part-time, or non-union). If the employee is on probation, indicate the start date and the length of the probation. We will review the notice and contact you when your employee is scheduled to be off of probation and eligible for health insurance. Also, if coverage is not available because the employee no longer works for you, you must return Part A to the LCSA within twenty business days.
Can employees choose to sign up for the Healthy Families Program?
No. The state's position is that Healthy Families does NOT qualify as a third party coverage for our purposes. Enrollment in Healthy Families should occur only when no other coverage is available through either parent. Therefore, if health insurance is available through the employer, and meets all of the guidelines, it must be enforced over Healthy Families.
The National Medical Support Notice was not received within the open enrollment period, can we wait until the next open enrollment period?
No. A completed Notice to the Plan Administrator is deemed to be a Qualified Medial Child Support Order (a "QMCSO"). According to law, a QMCSO mandates an employer to permit the parent to enroll any child (who is otherwise eligible for health insurance coverage) for coverage without regard to any enrollment period restrictions.