40-5-823. Health coverage -- notice of intent to purchase. (1) The department or a court on request of the department may issue an order requiring the obligated parent to appear and show cause why an order should not be issued permitting the department to purchase individual insurance or health benefit plan coverage for the obligated parent's child and requiring recovery of the premium from the obligated parent if the tribunal finds that:

(a) a medical support obligation has been established by order of a tribunal;

(b) the obligated parent has become delinquent by failing to provide individual insurance or a health benefit plan or lets the individual insurance or health benefit plan lapse;

(c) there is no payor to whom an order of enrollment under 40-5-812 applies;

(d) the child is currently eligible for medical assistance benefits under Title XIX of the federal Social Security Act, as amended; and

(e) other individual insurance or a health benefit plan is available for the child and can be purchased at a reasonable cost.

(2) Prior to issuing or requesting an order to show cause, the department shall give the obligated parent notice of the intent to purchase coverage under this section and an opportunity to enroll the child in individual insurance or a health benefit plan within 30 days after notice is received by the obligated parent.

(3) If the obligated parent provides written proof within the 30 days after receipt of the notice that the child is enrolled in individual insurance or a health benefit plan, no further action may be taken by the department.

(4) After issuing a show cause order and after opportunity for hearing, the tribunal shall promptly rule upon the issues. The proceeding must be dismissed if the tribunal finds that the obligated parent has enrolled the child in individual insurance or a health benefit plan or that the individual insurance or plan that the department intends to purchase is not reasonable.

(5) A health benefit plan purchased under this section may be continued by the department until:

(a) the child is no longer eligible for medical assistance benefits;

(b) the obligated parent is no longer responsible under the law for the medical needs of the child; or

(c) the obligated parent provides written proof that the child has been enrolled in individual insurance or another adequate health benefit plan.

History: En. Sec. 23, Ch. 504, L. 1995.