Federal · Title 42 — Public Health and Welfare

42 U.S.C. § 1396g: Required laws relating to medical child support

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the child was born out of wedlock, the child is not claimed as a dependent on the parent’s Federal income tax return, or the child does not reside with the parent or in the insurer’s service area. to permit such parent to enroll under such family coverage any such child who is otherwise eligible for such coverage (without regard to any enrollment season restrictions); if such a parent is enrolled but fails to make application to obtain coverage of such child, to enroll such child under such family coverage upon application by the child’s other parent or by the State agency administering the program under this subchapter or part D of subchapter IV; and such court or administrative order is no longer in effect, or the child is or will be enrolled in comparable health coverage through another insurer which will take effect not later than the effective date of such disenrollment. to permit such parent to enroll under such family coverage any such child who is otherwise eligible for such coverage (without regard to any enrollment season restrictions); if such a parent is enrolled but fails to make application to obtain coverage of such child, to enroll such child under such family coverage upon application by the child’s other parent or by the State agency administering the program under this subchapter or part D of subchapter IV; and such court or administrative order is no longer in effect, or the child is or will be enrolled in comparable health coverage which will take effect not later than the effective date of such disenrollment, or the employer has eliminated family health coverage for all of its employees; and to withhold from such employee’s compensation the employee’s share (if any) of premiums for health coverage (except that the amount so withheld may not exceed the maximum amount permitted to be withheld under section 1673(b) of title 15 ), and to pay such share of premiums to the insurer, except that the Secretary may provide by regulation for appropriate circumstances under which an employer may withhold less than such employee’s share of such premiums. A law that prohibits an insurer from imposing requirements on a State agency, which has been assigned the rights of an individual eligible for medical assistance under this subchapter and covered for health benefits from the insurer, that are different from requirements applicable to an agent or assignee of any other individual so covered. to provide such information to the custodial parent as may be necessary for the child to obtain benefits through such coverage; to permit the custodial parent (or provider, with the custodial parent’s approval) to submit claims for covered services without the approval of the noncustodial parent; and to make payment on claims submitted in accordance with subparagraph (B) directly to such custodial parent, the provider, or the State agency. is required by court or administrative order to provide coverage of the costs of health services to a child who is eligible for medical assistance under this subchapter, has received payment from a third party for the costs of such services to such child, but has not used such payments to reimburse, as appropriate, either the other parent or guardian of such child or the provider of such services, For purposes of this section, the term “insurer” includes a group health plan, as defined in section 1167(1) of title 29 , a health maintenance organization, and an entity offering a service benefit plan. Except as provided in paragraph (2), the amendments made by this section [enacting this section and amending section 1396a of this title ] apply to calendar quarters beginning on or after April 1, 1994 , without regard to whether or not final regulations to carry out such amendments have been promulgated by such date. In the case of a State plan under title XIX of the Social Security Act [ 42 U.S.C. 1396 et seq.] which the Secretary of Health and Human Services determines requires State legislation in order for the plan to meet the additional requirements imposed by the amendments made by this section, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act [ Aug. 10, 1993 ]. For purposes of the preceding sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.”

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