CHAPTER 338
FORMERLY
SENATE BILL NO. 384
AN ACT TO AMEND CHAPTERS 5 AND 22, TITLE 13 OF THE DELAWARE CODE RELATING TO ORDERS FOR MEDICAL SUPPORT.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend subsection 513(a)(4), Chapter 5, Title 13 of the Delaware Code by adding after the semi-colon (";") at the end of the first paragraph of said subsection the following new language:
"and provided, further, that in any case brought under Title IV-D of the Social Security Act in which a parent is ordered to provide health care coverage for a child through an employment-related group health plan, the Division of Child Support Enforcement shall issue the National Medical Support Notice required by Title IV-D of the Social Security Act and federal regulations promulgated pursuant thereto, and the Division shall promptly notify the employer when there is no longer a current order for medical support in effect for which the Division is responsible;".
Section 2. Amend subsection 513(a)(4)a.4., Chapter 5, Title 13 of the Delaware Code by striking the phrase "receipt by an employer or successive employer or notice from the Court of the Division of Child Support Enforcement" as the same appears in the first sentence of said subsection and substituting in lieu thereof the following: "receipt by an employer or successive employer of a National Medical Support Notice or other notice from the Court or the Division of Child Support Enforcement".
Section 3. Amend subsection 513(a)(4)a.4., Chapter 5, Title 13 of the Delaware Code by inserting a period (".") after the word "restrictions" as the same appears in the first sentence of said subsection; and by striking the words "unless the obligor contests the notice by filing a petition in opposition thereto in the Family Court not later than 10 days after issuance of the notice.", and substituting in lieu thereof the following:
"The obligor may contest the notice by filing a petition in opposition thereto in the Family Court not later than 10 days after issuance of the notice. The petition in opposition may be based only on mistake of fact. Filing of a petition in opposition shall not relieve the employer of any duties under the notice, order, or National Medical Support Notice until such time as the employer receives notice that the contest has been resolved.".
Section 4. Amend subsection 513(a)(4)d., Chapter 5, Title 13 of the Delaware Code by adding between the phrase "Receipt of" and the phrase "an order for the enforcement of medical support obligation" the following: "a National Medical Support Notice or".
Section 5. Amend subsection 513(a)(4)d.1., Chapter 5, Title 13 of the Delaware Code by striking the numeral "15" as the same appears therein and substituting in lieu thereof the following: "20".
Section 6. Amend subsection 513(a)(4)d.1.A., Chapter 5, Title 13 of the Delaware Code by striking the semi-colon (";") and the word "or" at the end of said subparagraph and inserting in lieu thereof the following:
", or that the employer has transferred a National Medical Support Notice to the appropriate group health plan providing any such coverage for which the child or children are eligible; or".
Section 7. Amend subsection 513(a)(4)d.3., Chapter 5, Title 13 of the Delaware Code by adding at the end of said subsection the following: "When the plan administrator reports that there is more than one option available under the plan, the Division of Child Support Enforcement, in consultation with the obligee, must promptly select from available plan options.".
Section 8. Amend subsection 513(a)(4)d., Chapter 5, Title 13 of the Delaware Code by redesignating the current subparagraphs "2", "3", and "4" as subparagraphs "3", "4", and "5" and by adding a new subparagraph 2 as follows:
"2. Transfer a National Medical Support Notice to the appropriate group health plan providing any such health care coverage for which the child or children are eligible, within 20 business days of the date of the National Medical Support Notice.".
Section 9. Amend subsection 513(b)(8), Chapter 5, Title 13 of the Delaware Code by adding the following between the phrase "if the order of income withholding" and the phrase "was served by the Division," in both places where they appear in the last sentence of said subsection: "or National Medical Support Notice".
Section 10. Amend subsection 513(b)(8), Chapter 5, Title 13 of the Delaware Code by adding at the end of said subsection the following: "If the obligor contests such withholding, the employer must initiate withholding until such time as the employer receives notice that the contest is resolved.".
Section 11. Amend subsection 513(b)(14), Chapter 5, Title 13 of the Delaware Code by adding between the phrase "who complies with an income withholding notice" and the phrase "that is regular on its face" the following: "or National Medical Support Notice".
Section 12. Amend the descriptive heading for §2209, Chapter 22, Title 13 of the Delaware Code by striking the period (".") at the end of the descriptive heading and substituting in lieu thereof the following: "and National Medical Support Notice.".
Section 13. Amend §2209, Chapter 5, Title 13 of the Delaware Code by striking the period (".") at the end of said section and substituting in lieu thereof the following: ", and transfer the National Medical Support Notice to the employer."