A. All child support orders established and enforced pursuant to this title shall include a provision for health care coverage of dependent children. The Department shall use the National Medical Support Notice (NMSN) to enforce the provision of health care coverage through an employment-related group health plan pursuant to a child support order if available at a reasonable cost, as that term is defined in § 63.2-1900, unless a court or administrative order stipulates alternative health care coverage to employer-based coverage.
B. The Department shall transfer the NMSN to employers within two business days following the date of entry into the State Directory of New Hires of an employee who is obligated to pay child support or to provide health care coverage pursuant to this title. Employers shall transfer the NMSN to the appropriate group plan providing the health care coverage for each eligible child (excluding the severable Notice to Withhold for Health Care Coverage directing the employer to withhold any mandatory employee contributions to the plan) within twenty business days after the date of the NMSN. The Department, in consultation with the custodial parent, shall promptly select from available plan options when the plan administrator reports that there is more than one option available under the plan.
C. Employers shall withhold any obligation of the employee for employee contribution necessary for coverage of each eligible child and send any amount withheld directly to the plan. An employee obligated for contribution necessary for coverage may contest the withholding based on a mistake of fact. If the employee contests the withholding, the employer shall continue to withhold the obligation necessary for coverage until the employer receives notice that the contest is resolved in favor of the employee.
D. Employers shall notify the Department promptly whenever the employment of a parent ordered to provide health care coverage is terminated in the same manner as required for income withholding pursuant to § 20-79.3. The Department shall promptly notify an employer when there is no longer a current order for health care coverage in effect for which the Department is responsible.
2002, c. 844, § 63.1-250.3:1; 2009, c. 713.
Structure Code of Virginia
Title 63.2 - Welfare (Social Services)
Chapter 19 - Child Support Enforcement
§ 63.2-1901. Purpose of chapter; powers and duties of the Department
§ 63.2-1903. Authority to issue certain orders; civil penalty
§ 63.2-1905. Establishment of State Case Registry
§ 63.2-1906. Department may disclose information to Internal Revenue Services
§ 63.2-1907. Child support enforcement; private contracts
§ 63.2-1908.1. Arrears compromise program
§ 63.2-1911. Duty of local departments to enforce support; referral to Department
§ 63.2-1912. Minor noncustodial parents whose child receives TANF; child support obligations
§ 63.2-1913. Administrative establishment of paternity
§ 63.2-1914. Hospital paternity establishment programs
§ 63.2-1915. Administrative support order
§ 63.2-1916. Notice of administrative support order; contents; hearing; modification
§ 63.2-1917. When delivery of notice to party at last known address may be deemed sufficient
§ 63.2-1918. Administrative establishment of obligations
§ 63.2-1919. Requirement to provide financial statements
§ 63.2-1920. Department may order exchange of financial information
§ 63.2-1921. Authority to initiate reviews of certain orders
§ 63.2-1923. Immediate withholding from income; exception; notices required
§ 63.2-1924.1. Health care coverage; National Medical Support Notice
§ 63.2-1925. Certain amount of income that may be withheld by lien or order
§ 63.2-1926. Withholding pursuant to foreign support order
§ 63.2-1927. Assertion of lien; effect
§ 63.2-1930. Civil liability upon failure to comply with lien, order, etc.
§ 63.2-1931. Effect of service on banks, savings institutions, etc.
§ 63.2-1932. Data exchange agreements authorized; immunity
§ 63.2-1932.1. Automated administrative enforcement in interstate cases
§ 63.2-1933. Distraint, seizure and sale of property subject to liens
§ 63.2-1934. Action for foreclosure of lien; satisfaction
§ 63.2-1935. Satisfaction of lien after foreclosure proceedings instituted; redemption
§ 63.2-1936. Procedures for posting security, bond or guarantee to secure payment of overdue support
§ 63.2-1938. Commissioner may release lien or order or return seized property
§ 63.2-1939. Commissioner may make demand, file and serve liens, when payments appear in jeopardy
§ 63.2-1940. Reporting payment arrearage information to consumer credit reporting agencies
§ 63.2-1940.1. Publishing a most wanted delinquent parent list; coordinated arrests
§ 63.2-1941. Additional enforcement remedies
§ 63.2-1943. Appeal from decision of hearing officer
§ 63.2-1944. Employee debtor rights protected; limitation
§ 63.2-1945. Assignment of earnings to be honored; inapplicability of § 40.1-31
§ 63.2-1947. Assistance by Office of the Attorney General
§ 63.2-1948. Payment by Department for legal services
§ 63.2-1949. Authority of city, county, or attorney for the Commonwealth to represent the Department
§ 63.2-1950. Child support enforcement privatized legal services
§ 63.2-1951. Interest on support payments collected
§ 63.2-1952. Interest on debts due
§ 63.2-1953. Disposition of funds collected as debts to Department
§ 63.2-1954. Distribution of collection
§ 63.2-1955. Distribution of collections from federal tax refund offsets
§ 63.2-1956. Release of excess funds to debtor
§ 63.2-1957. Unidentifiable moneys held in special account
§ 63.2-1958. Charging off support debts as uncollectible