(a) Where a parent is required by a court or administrative order to provide health coverage, which is available through an employer doing business in this state, the employer is required:
(1) To permit the parent to enroll under family coverage any child who is otherwise eligible for coverage without regard to any enrollment season restrictions;
(2) If the parent is enrolled but fails to make application to obtain coverage of the child, to enroll the child under family coverage upon application by the child's other parent, by the state agency administering the Medicaid program or by the Bureau for Child Support enforcement;
(3) Not to disenroll or eliminate coverage of the child unless the employer is provided satisfactory written evidence that:
(A) The court or administrative order is no longer in effect;
(B) The child is or will be enrolled in comparable coverage which will take effect no later than the effective date of disenrollment; or
(C) The employer eliminated family health coverage for all of its employees; and
(4) To withhold from the employee's compensation the employee's share, if any, of premiums for health coverage and to pay this amount to the insurer: Provided, That the amount so withheld may not exceed the maximum amount permitted to be withheld under 15 U.S.C. §1673, Section 303(b) of the consumer credit protection act.
Structure West Virginia Code
Chapter 48. Domestic Relations
§48-12-101. Definitions Applicable to Medical Support Enforcement
§48-12-102. Court-Ordered Medical Support
§48-12-103. Cost of Medical Support Considered in Applying Support Guidelines
§48-12-104. Use of National Medical Support Notice; Employer to Enroll Child and Withhold Premium
§48-12-105. Employer's Obligation to Transfer Notice to Appropriate Plan
§48-12-106. Notice Requirements for Certain Newly-Hired Employees
§48-12-107. Notice Requirement Upon Termination of Parent
§48-12-109. Custodial Parent to Receive Coverage Information, Documents
§48-12-110. Employer, Union to Notify IV-D Agency Within Forty Days of Receipt of Notice
§48-12-112. Employer's Duties Where Court-Ordered Coverage Available
§48-12-113. Signature of Custodian of Child Is Valid Authorization to Insurer; Insurer's Obligations
§48-12-114. Notice to Be Transferred on Parent's Change of Employment
§48-12-117. Mandatory Date for Use of the National Medical Support Notice
§48-12-118. Failure of Employer to Comply With Medical Insurance Coverage; Penalties