National Medical Support Notice...

When it comes to an employee who is under a court or administrative order for Child/Medical Support, it has always been my understanding that if the employee "opts out" of an employer-sponsored insurance plan, that the employer cannot "force" an employee to accept the coverage. (Our plan requires the employee to contribute to the premium).

Now, in dealing with an NMSN, I've been told that the employer is REQUIRED to enroll the employee as a participant in the plan, even if they don't want to be in the plan.

Am I completely missing something, or is this the correct interpretation of the NMSN? I am having a difficult time seeing how an employer can legally force an employee to pay out of pocket for insurance when they won't voluntarily sign up.

A. Rodriguez
Human Resource Manager

Comments

  • 5 Comments sorted by Votes Date Added
  • Hi, in Utah it's a state law requiring employees to
    enroll their children if required by the Dept. of
    Recovery Services. Our medical and dental plans
    require the employee to be enrolled if children
    are added to the plan. Unfortunately, we're not
    very big so we only run a 2-tier plan, single and
    family. Therefore, the employee must pay for a
    family plan in order to put even one child on
    benefits. I always make sure to have his child support
    deductions credited to adjust his gross income for
    the medical premiums. Good Luck!
  • That is a state law and not a federal law? I am being told by California that it is a federal requirement.

    A. Rodriguez
    Human Resource Manager

  • It is my understanding, and has been my practice, that if I receive a court order mandating insurance coverage for a child (or children), the employee is enrolled regardless of whether they want to or not. This is a court order and not something the ee has a choice in. If they don't like it, they can go back to court and try to have the order changed but it has NEVER been my practice to ignore a court order.
  • I agree. If it's a court order - do it.

    Let the employee fight to not cover his/her children by going back to court.

    Zanne

  • So how do you calculate the allowable withholding? Do you count the dollar amount for the ee's premium as well as for the child's premium or just the amount of the child's?


    A. Rodriguez
    Human Resource Manager

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