15 Alaska Admin. Code § 125.428

Current through September 25, 2024
Section 15 AAC 125.428 - Notice of medical support order; proof of health care coverage not related to employment
(a) If the agency is enforcing a support order that requires a parent to provide health care coverage for a child, other than coverage provided by a parent through an employment-related group health plan, the agency will notify the parents in writing of the requirement to provide health care coverage.
(b) If a support order under (a) of this section does not specify which parent is to provide the coverage and both parents have health care coverage available at a reasonable cost, and if the rights to accrued and continuing child support have
(1) not been assigned to this or another state, the parents shall agree on who will purchase the coverage for the child; however, if the parents cannot agree, they shall inform the agency in writing and the agency will select the coverage that the agency determines will best meet the medical needs of the children at a reasonable cost; or
(2) been assigned to this or another state, the agency will require the non-custodial parent to provide the health care coverage for the children.
(c) If the agency selects coverage under (b) of this section, the agency will send a notice to the parents of the selection. A parent may contest the selection by requesting an administrative review within 30 days after the date on which the notice is sent to the parents. The request must be in writing, state the specific reasons for the contest, and be accompanied by the documentation upon which the parent requesting the review intends to rely. The agency will conduct an administrative review within 20 days after it receives the request. The agency's administrative review is limited to whether
(1) the coverage selected by the agency is available to the parent at a reasonable cost; or
(2) coverage other than the one selected by the agency would better meet the medical needs of the children at a reasonable cost.
(d) An administrative appeal is not available from the administrative review decision issued under (c) of this section, but the decision is final for the purpose of appeal to the superior court.
(e) A parent who is required to provide health care coverage for a child, other than through an employment-related group health plan, shall provide to the agency proof of health care coverage and the cost of the coverage within 20 days after the agency sends the notice under (a) of this section. Proof of coverage must be made by filing with the agency a copy of the appropriate insurance form extending the coverage to the children, along with an affidavit that the form has been filed with the insurance company. Proof of coverage must include the name of the insurance provider, policy number, identification number, provider address, names of persons covered, cost of medical coverage for the children covered by the support order, and effective date of coverage for the children covered by the support order.
(f) After the parent has provided proof of coverage under (e) of this section, if a change occurs in the required health care coverage, the parent shall notify the agency in writing within 20 days after the change and provide any additional proof of coverage to the extent that the information provided under (e) of this section has changed.

15 AAC 125.428

Eff. 11/30/2002, Register 164

Authority:AS 25.27.020

AS 25.27.060

AS 25.27.063

AS 25.27.140