40-5-208. Medical support -- obligation enforcement. (1) In any proceeding initiated pursuant to this part to establish a child support order, whether final or temporary, and in each modification of an existing order, the support order must include a medical support order as defined in 40-5-804. The department may initiate an independent proceeding pursuant to 40-5-225 to establish a medical support order, as defined in 40-5-804, without establishing a child support order in the proceeding.

(2) If the department is providing IV-D services for a child, the department shall also enforce any order issued by a court or administrative agency of competent jurisdiction that:

(a) requires the parent to make payments for the health or medical needs of the child, whether expressed in monthly dollar amounts or in a lump-sum dollar amount. The department shall apply the same enforcement remedies as are available for the enforcement of child support as if those remedies expressly applied to medical or health obligations.

(b) requires the parent to enroll a child in a health benefit plan or individual insurance as defined in 40-5-804. The department may take action to enforce the order under the provisions of part 8 or may impose any other appropriate remedy.

(3) (a) To permit the department to determine whether enforcement action is necessary, if the parent is required to enroll the child in a health benefit plan or individual insurance, upon written request by the department, the parent shall provide the name of the individual insurance carrier or health benefit plan, the policy identification name and number, the names of the persons covered, and any other pertinent information regarding coverage.

(b) Failure of the parent to provide the requisite information to the department may be punished as a contempt under 40-5-226.

(4) If the department is providing services for a child and a child support order or modification of a child support order does not include a medical support order as defined in 40-5-804 or fails to include any other provision for the health and medical needs of the child:

(a) upon notice to the parent, the parent shall enroll the child in a health or medical insurance plan available to the parent through an employer or other group for which the premium is partially or entirely paid by the employer or other group; and

(b) the parent shall continue enrollment of the child in the plan until:

(i) a medical support order is entered;

(ii) the parent can demonstrate to the department that the cost of providing coverage is not reasonable;

(iii) the parent's employment or membership in the group has terminated and the plan is no longer available to the parent;

(iv) the employer or group eliminates coverage for all employees or members; or

(v) the department ceases to provide services for the child.

(5) If the parent fails to enroll a child in a health or medical insurance plan under subsection (4) or lets coverage lapse, the failure or lapse may be punished as a contempt under 40-5-226. A contempt may not be found if the parent shows that the cost of providing coverage for the child is not reasonable.

History: En. Sec. 1, Ch. 130, L. 1987; amd. Sec. 8, Ch. 549, L. 1989; amd. Sec. 17, Ch. 702, L. 1989; amd. Sec. 11, Ch. 631, L. 1993; amd. Sec. 30, Ch. 504, L. 1995; amd. Sec. 2, Ch. 431, L. 2005.