(a) An employee is liable for employee contributions required to enroll a child in health insurance coverage pursuant to a medical support notice or a support order, except that an employee may contest a withholding for employee contributions for health insurance coverage based on a mistake of fact.

(b) An employee may contest a withholding for employee contributions for health insurance coverage by filing a motion to quash the withholding with the Superior Court of the District of Columbia, with service upon the IV-D agency if the withholding was commenced pursuant to a medical support notice. The employee shall file the motion within 15 days after the date the first employee contributions for health insurance coverage are withheld from the employee’s earnings.

(c) The only grounds for contesting a withholding based on a mistake of fact under this section are:

(1) The identity of the employee;

(2) The accuracy of the amount of the employee contributions withheld to enroll the child in the health insurance coverage;

(3) The existence of an underlying support order requiring the employee to provide health insurance coverage for the child; and

(4) Whether the amount withheld for health insurance coverage exceeds the limits of section 303(b) of the Consumer Credit Protection Act, approved May 29, 1968 (82 Stat. 163; 15 U.S.C. § 1673(b)).

(d) Enrollment of a child in health insurance coverage and withholding of the employee’s contributions for health insurance coverage shall not be stayed or terminated until the employer receives written notice that the contest has been resolved in the employee’s favor.

(e) Nothing in this section shall be construed to limit an employee’s right to contest an underlying support order requiring the employee to provide health insurance coverage for a child.

(Mar. 30, 2004, D.C. Law 15-130, § 109, 51 DCR 1615.)

This section is referenced in § 46-251.03.

For temporary (90 day) addition of this section, see § 109 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) addition of this section, see § 109 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) addition of this section, see § 109 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) addition of this section, see § 109 of Medical Support Establishment and Enforcement Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-330, January 28, 2004, 51 DCR 1603).

For temporary (225 day) addition of section, see § 109 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) addition of section, see § 109 of Medical Support Establishment and Enforcement Temporary Amendment Act of 2003 (D.C. Law 15-84, March 10, 2004, law notification 51 DCR 3376).