40-5-822. Duties of parents -- consequences of noncompliance. (1) An obligated parent shall promptly execute and deliver to the provider of individual insurance, to a health benefit plan, or to another proper party all forms and instruments necessary to ensure the child's timely enrollment and continuous participation in any individual insurance or plan ordered by the medical support order. An obligated parent shall timely submit claims for processing, verification, and payment. Intentional delay or interference with enrollment or with the timely submission for processing, verification, and payment of a claim is punishable as provided in 40-5-821 and by an award of costs and attorney fees to an opposing party.

(2) An obligated parent shall provide the other parent, the department, and the third-party custodian with identification cards or other methods for access to coverage, including but not limited to numbers, codes, or other references applicable to the individual insurance, health benefit plan, or group through which the child receives coverage. Intentional delay or failure to provide information is punishable as provided in 40-5-821 and by an award of costs and attorney fees to an opposing party.

(3) If a party receives a reimbursement payment from individual insurance or from a health benefit plan but is not the party who has paid or is paying the underlying bill of the health service provider, the party receiving the payment shall promptly pay over the proceeds to the proper party. In addition to any applicable penalty for theft, conversion, civil contempt, or other wrongdoing, the amount of the payment may be entered as a judgment in favor of the proper party and against the party failing to promptly pay over the reimbursement.

(4) An obligated parent who defaults on a medical support order by failing to obtain individual insurance or a health benefit plan or who permits the individual insurance or plan coverage to lapse without securing a comparable replacement is liable for all of the child's medical expenses and shall indemnify the other parent, the department, or the third-party custodian for the cost of obtaining health benefit coverage and for all medical expenses of the child. The obligated parent may be relieved of liability by proving to the satisfaction of the tribunal that:

(a) no reasonable-cost or cost-beneficial individual insurance coverage or health benefit plan was available for the child during the period of time involved and the other parent, the department, or the third-party custodian has received notice of the nonavailability;

(b) the individual insurance coverage or plan ceased to be available for reasons wholly unrelated to the conduct of the obligated parent, replacement coverage has not been available, and timely written notice of the nonavailability has been given to the other parent, the department, or the third-party custodian; or

(c) the other parent or third-party custodian has obtained health coverage for the child and all parties have entered into an enforceable written agreement to share the costs of the coverage.

(5) An obligated parent who provides individual insurance coverage or a health benefit plan that is deficient under the requirements of the medical support order is liable, including liability by indemnification, for all of the child's medical expenses that should have been covered but were not and for the cost to the other parent, the department, or the third-party custodian of obtaining coverage that complies with the order. The obligated parent may be relieved of liability by proving to the satisfaction of the tribunal that:

(a) the coverage provided for the child has been the best available during the periods of time involved and timely written notice regarding the coverage available was given to the other parent, the department, or the third-party custodian;

(b) benefits have been reduced for reasons wholly unrelated to the conduct of the obligated parent, better coverage has not been available, and timely written notice has been given to the other parent, the department, or the third-party custodian; or

(c) the other parent or the third-party custodian has obtained coverage for the child and all parties have entered into an enforceable written agreement to share the costs of the coverage.

(6) Any liability for medical costs and expenses incurred under this section may be entered as a judgment for unpaid support in favor of the party or agency paying the same and against the obligated parent.

(7) The consequences of noncompliance with a medical support order apply, to the extent possible, to a judgment, decree, or support order that requires a parent to obtain medical or health insurance coverage for a child or to pay for a child's medical care and that was entered:

(a) by a tribunal prior to enactment of this part; or

(b) by a court or administrative agency of competent jurisdiction in another state or territory.

History: En. Sec. 22, Ch. 504, L. 1995.