Okla. Stat. tit. 36, § 36-6058A

Noncustodial parents.

A. Notwithstanding any other provision of law, an insurer shall

not deny enrollment of a child under the health plan of the child's

parent on the grounds that:

1. The child was born out of wedlock;

2. The child is not claimed as a dependent on the parent's

federal income tax return; or

3. The child does not reside with the parent or in the

insurer's service area.

B. If a child has health coverage through an insurer of a

noncustodial parent the insurer shall:

1. Upon request, provide complete information to the custodial

person, the designated agency administering the State Medicaid

Program, the state agency administering the provisions of 42 U.S.C.,

Sections 5 through 669, or the Child Support Enforcement Division of

the Department of Human Services, regarding any insurance benefits

to which the child is entitled, and any forms, publications, or

documents necessary to apply for or to utilize the benefits

available through that coverage;

2. Permit the custodial person, the designated agency

administering the State Medicaid Program, or the provider with

approval, to submit claims for covered services without the approval

of the noncustodial parent; and

3. Make payments on claims submitted in accordance with

paragraph 2 of this subsection directly to the custodial person, the

provider, or the designated agency administering the State Medicaid

Program.

C. When a parent is required by a court or administrative order

to provide health coverage for a child, and the parent is eligible

for family health coverage, the insurer shall be required:

1. To permit the parent to enroll, under the family coverage, a

child who is otherwise eligible for the coverage without regard to

any enrollment season restrictions;

2. To enroll the child under family coverage and deduct the

employee’s cost of the coverage from the employee's wages. The

enrollment shall be made upon application to the employer by the

custodial person, the designated agency administering the State

Medicaid Program, or the state agency administering the provisions

of 42 U.S.C., Sections 5 to 669, the Child Support Enforcement

Division; and

Oklahoma Statutes - Title 36. Insurance Page 1080

3. Not to disenroll, or eliminate coverage for the child unless

the insurer is provided satisfactory written evidence that:

a. the court or administrative order is no longer in

effect, or

b. the child is or will be enrolled in comparable health

coverage through another insurer which will take

effect not later than the effective date of

disenrollment;

provided, however, the provisions of this subsection shall not apply

where the coverage is through a group plan and the group’s coverage

through the insurer is discontinued or the noncustodial parent

ceases to be eligible for participation in the group plan.

D. An insurer may not impose requirements on a state agency,

which has been assigned the rights of an individual eligible for

medical assistance under Medicaid and covered for health benefits

from the insurer, that are different from requirements applicable to

an agent or assignee of any other individual covered.

E. As used in this section, "insurer" includes a licensed

insurance company, not-for-profit hospital service or medical

indemnity corporation, a fraternal benefit society, a health

maintenance organization, a prepaid plan, a preferred provider

organization, a multiple employer welfare arrangement, a self-

insured, the State and Education Employees Group Insurance Board, or

any other entity providing a plan of health insurance or health

benefits in this state.

F. If child support services are being provided under the state

child support plan as provided under Section 237 of Title 56 of the

Oklahoma Statutes, the Child Support Enforcement Division shall

notify the parent’s employer to enroll the child in health care

coverage available under the employer’s plan by sending the employer
ding a plan of health insurance or health

benefits in this state.

F. If child support services are being provided under the state

child support plan as provided under Section 237 of Title 56 of the

Oklahoma Statutes, the Child Support Enforcement Division shall

notify the parent’s employer to enroll the child in health care

coverage available under the employer’s plan by sending the employer

a National Medical Support Notice issued pursuant to Section

466(a)(19) of the Social Security Act, and Section 609(a)(5)(C) of

the Employee Retirement Income Security Act of 1974, as soon as the

National Medical Support Notice is promulgated by the United States

Department of Health and Human Services. The insurer, upon receipt

from the employer of Part B of the National Medical Support Notice

to Plan Administrator, shall comply with Part B of the National

Medical Support Notice. The insurer may be fined up to Two Hundred

Dollars ($200.00) per month per child for each failure to comply

with the requirements of the National Medical Support Notice. Fines

collected shall be remitted to the Child Support Revenue Enhancement

Fund created pursuant to Section 225 of Title 56 of the Oklahoma

Statutes.

G. The Department of Human Services shall promulgate rules as

necessary to implement the provisions of this section.