Title 40, Title 40

(1) An employer may not discharge, discipline, or refuse to hire an obligor: (a) because the person has a child support obligation; or (b) because of the institution of income withholding on the obligor's income or the initiation of proceedings under this part. (2) Any person who…

An order to withhold and deliver income by any Title IV-D agency takes priority over any: (1) wage or income deduction order under any other state law and any income-withholding order issued in another state and sent to a payor in this state by a non IV-D agency; (2) voluntary or…

(1) A payor who fails to withhold and deliver support money from the obligor's income when ordered to do so under 40-5-415 is liable to the department for any amount up to the accumulated amount the payor should have withheld and delivered. (2) No payor who complies with an order…

(1) Whenever an obligor, whether or not the obligor resides in this state, derives income within this state and an order for income withholding of the obligor's income has been issued by another IV-D agency as a means to enforce support orders under Title IV-D of the Social Secur…

(1) Whenever an obligor resides in this state and derives income within this state and a support order issued in another jurisdiction is being enforced by a public agency of that jurisdiction pursuant to Title IV-D of the Social Security Act, that agency may apply to the departme…

(1) If the department determines that the obligor is no longer employed in this state or no longer derives income within this state, the department shall promptly notify the agency that requested income withholding of the changes and shall forward to that agency all information i…

Whenever the department is authorized or required under the laws of this state to enforce and collect on a support order and the obligor is employed or has a source of income outside of the state, the department shall request the Title IV-D agency responsible for income withholdi…

(1) For the purposes of this part, upon written request by the department or by another IV-D agency, a payor or former payor and any labor union of which the obligor or obligee is or may have been a member shall provide the requester with the following information, if known, rega…

(1) For purposes of this section, "support" means child support; spousal support; health insurance, medical, dental, and optical payments; day-care expenses; and any other payments due as support under a court or administrative order. Submission of health insurance claims is a su…

As used in this part, the following definitions apply: (1) (a) "Child" means: (i) a person under 18 years of age who is not emancipated, self-supporting, married, or a member of the armed forces of the United States; (ii) a person under 19 years of age who is still in high school…

(1) Upon the petition of an obligee alleging the existence of a delinquency or upon the failure of an obligor to comply with a subpoena or warrant, a support enforcement entity may issue a notice of intent to suspend a license. (2) The notice must be served upon the obligor perso…

(1) To show cause why suspension of a license would not be appropriate, the obligor shall request a hearing from the support enforcement entity that issued the notice of intent to suspend the license. The request must be made within 60 days of the date of service of the notice. (…

(1) Upon receipt of the notice of suspension of the license under 40-5-703(5), a licensing authority shall implement the suspension of the license by: (a) determining if it has issued a license to the obligor whose name appears on the notice; (b) entering the suspension on the ap…

Notwithstanding any other provision of this title, the support enforcement entity has the authority to suspend a license or privilege to obtain a license under this part without any action by the licensing authority. The licensing authority shall, upon receipt of notice of suspen…

(1) An obligor may at the time of the hearing conducted under 40-5-703 or at any time after the hearing, petition the support enforcement entity for an order staying suspension of the license. (2) The support enforcement entity shall consider the obligor's petition for a stay sep…

(1) Except as provided in subsection (3), when the support enforcement entity determines that the support debt or support obligation is paid in full or the obligor has complied with the subpoena or warrant, it shall terminate the order suspending the license. The support enforcem…

A licensing authority subject to this part may charge the obligor a fee to cover the administrative costs incurred by the licensing authority under this part. Fees collected pursuant to this section by a licensing authority with a state special revenue fund must be deposited in t…

The department shall adopt rules necessary for the implementation and administration of this part. The licensing authority shall adopt rules necessary for the implementation and administration of this part.

This part may be known and cited as the "Medical Support Reform Act".

The purpose of this part is to promote the health and medical care of children and to conserve the expenditure of public assistance funds by ensuring that children have access to reasonable health insurance coverage or a health benefit plan provided by their parents, who are prim…

This part does not expand any coverage available to any individual under any health insurance coverage or a health benefit plan required under federal law or Title 33, chapter 22, though this part may expand the class of children who may be eligible for individual insurance or he…

For purposes of this part, the following definitions apply: (1) "Child" means an individual, whether over or under 18 years of age, to whom or on whose behalf a legal duty of support is owed by a parent. The term includes but is not limited to a child enrolled or eligible for enr…

(1) In an action or proceeding to establish a child support order, whether temporary or final, or to modify an existing child support order, the tribunal shall also establish a medical support order. In establishing a medical support order, a tribunal shall consider: (a) the best…

(1) A medical support order may specify terms for individual insurance coverage and, to the extent of options within an available health benefit plan, the terms for plan coverage, including: (a) minimum required policy limits; (b) minimum required coverage; (c) maximum terms for …

(1) Unless the tribunal expressly specifies otherwise, a medical support order must include terms directed toward the provisions of 40-5-806(2) through (8), even though a provision contained in those subsections may not apply to the parent's circumstances at the time the order is…

(1) A parent's obligation to provide for medical care of a child ceases only when the parental obligation to support a child terminates under law. (2) The obligations to provide medical care for a child, provide financial child support, and provide or comply with visitation and c…

(1) The duties and responsibilities under a plan pursuant to this part apply equally to a union or employer that serves as the administrator of a plan for a parent who is a member or employee. (2) A copy of a medical support order requiring enrollment of a child in a health benef…

(1) When a parent is required by a medical support order to obtain a health benefit plan for a child, the parent may be served with a notice of intent to enroll the child in any plan available to that parent. The notice may be issued separately or may be combined with any other n…

In the case of an actual or threatened adverse action that would reduce or terminate plan benefits because of nonpayment of premium or insufficient payment of premium, the other parent, the department, or the third-party custodian may advance the cost of necessary premiums and ke…

(1) Upon receipt of a medical support order requiring a parent to provide coverage for a child or an order requiring enrollment of a child pursuant to 40-5-810, the administrator of a health benefit plan who receives the order shall accept the order as a valid authorization to en…

(1) Upon receipt of a medical support order or an order requiring enrollment of the child pursuant to 40-5-810, a payor providing a health benefit plan shall withhold from the obligated parent's income an amount equal to the required premium, if any, and apply the withheld amount…

Upon the request of either of the child's parents, the department, or a third-party custodian, a health benefit plan shall provide information about the child's health benefit coverage, including but not limited to: (1) a description of the benefits and options available under th…

Payment for a medical claim assigned to the department must be to the department. If a medical claim is not assigned to the department and the claim is submitted by a parent or a third-party custodian, payment must be to the health service provider involved. Payment may be to the…

A health benefit plan must provide the coverage required by 33-22-301 to a newborn child covered by this part.

A health benefit plan shall provide the coverage required by 33-22-130 to a child placed for adoption.

A health benefit plan may not deny or limit enrollment of an obligated parent's child or discriminate against a child because: (1) the child is not claimed as a dependent on the obligated parent's state or federal income tax return or considered as a dependent for tax purposes; (…

A health benefit plan may not use information pertaining to medical assistance eligibility under Title XIX of the federal Social Security Act as a factor in enrolling a child in a plan or in making payments for benefits on behalf of the covered child. A health benefit plan may no…

A health benefit plan provision that denies or restricts coverage for a child in violation of a provision of 40-5-815 through 40-5-818 is void as against public policy.

(1) In addition to any other penalty provided by this part or other law, a tribunal, after a hearing, may impose a civil penalty not to exceed $25 for each day that a parent, health benefit plan, employer, union, or other payor is found to have knowingly violated a medical suppor…

(1) An obligated parent shall promptly execute and deliver to the provider of individual insurance, to a health benefit plan, or to another proper party all forms and instruments necessary to ensure the child's timely enrollment and continuous participation in any individual insu…

(1) The department or a court on request of the department may issue an order requiring the obligated parent to appear and show cause why an order should not be issued permitting the department to purchase individual insurance or health benefit plan coverage for the obligated par…

(1) A parent, the department, or the third-party custodian may apply to the court for expedited enforcement procedures under this part. If the child receives medicaid, a parent or third-party custodian may apply to the department for and the department may on its own motion use e…

The department may adopt rules to implement this part.

As used in this part, unless the context requires otherwise, the following definitions apply: [(1) "Date of hire" means the first day that an employee starts work for which the employee is owed compensation by the payor of income.] (2) "Department" means the department of public …

(1) The department shall establish and maintain a centralized child support case registry and payment processing unit. The purpose of this unit is to facilitate mass case processing by utilizing computer technology to identify parents and their income and to initiate automated pr…

(1) There must be registered in the case registry an abstract of: (a) each case, including interstate cases, receiving IV-D services provided by the department; (b) each support order entered and each modification of an existing support order made in this state after October 1, 1…