Okla. Stat. tit. 56, § 56-237B

information between insurance company and Department of Human

Services - Penalties and liability.

A. For the purposes of this section, the word “claimant” has

the same meaning as defined in the Unfair Claims Settlement

Practices Act in Title 36 of the Oklahoma Statutes and is limited to

an individual who makes a personal injury, wrongful death, or

workers’ compensation claim against an insured or under an insurance

policy.

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B. Prior to remitting Five Hundred Dollars ($500.00) or more on

a claim under a contract of insurance, every insurer authorized to

transact insurance pursuant to Title 36 of the Oklahoma Statutes

shall exchange information with the Oklahoma Department of Human

Services, as set forth in Section 237 of Title 56 of the Oklahoma

Statutes, to ascertain whether the claimant owes past due child

support to the state or to an individual to whom the Department is

providing child support services.

C. The Department shall develop and implement an insurance

industry data match reporting system. Such system shall be operated

by the Department and shall use data exchanges to compare claimant

information held by insurers with the Department’s Child Support

Enforcement Division’s database of child support obligors who owe

past due child support.

D. 1. To comply with the requirements of this section, an

insurer shall either provide the Department with information about

the claimant or match information made available by the Department.

2. An insurer that elects to provide the Department with

information about each claimant shall:

a. provide to the Department, not less than ten (10)

business days prior to making payment to such

claimant:

(1) the claimant’s name,

(2) address,

(3) date of birth,

(4) social security number as appearing in the

insurer’s files, and

(5) such other information appearing in the insurer’s

files as the Department may require by rule;

b. use a method and format prescribed by the Department;

provided, if the insurer is unable to use a method and

format prescribed, the insurer shall cooperate with

the Department to identify another method or format,

including submission of written materials; and

c. be in compliance with the requirements to provide

information if the insurer participates in an

insurance industry database which contains the

necessary information and authorizes the Department to

obtain the information from the database for the

purpose of compliance with this section and Section

135 of Title 43 of the Oklahoma Statutes.

3. An insurer that elects to match information made available

by the Department and such claimant owes past due child support, the

insurer shall notify the Department, not less than ten (10) business

days prior to making payment to such claimant, of:

a. the claimant’s name,

b. address,

Oklahoma Statutes - Title 56. Poor Persons Page 136

c. date of birth,

d. social security number as appearing in the insurer’s

files, and

e. other information appearing in the insurer’s files as

the Department may require by rule, using a method and

format prescribed by the Department.

E. 1. Upon receiving notice of a match as set forth in this

section, the Department’s Child Support Enforcement Division shall

send the insurer a notice of lien pursuant to Section 135 of Title

43 of the Oklahoma Statutes.

2. The insurer shall withhold the full amount of past support

as set forth in the notice of lien and shall remit that amount to

the Centralized Support Registry as provided by Section 413 of Title

43 of the Oklahoma Statutes.

3. The lien shall encumber the right of the claimant to payment

under the policy, and the insurer shall disburse to the claimant

only that portion of the payment, if any, after the lien has been

satisfied.

F. The child support lien shall be inferior to any lien or

claim for:

1. Services and expenses documented and related to the claim,
d by Section 413 of Title

43 of the Oklahoma Statutes.

3. The lien shall encumber the right of the claimant to payment

under the policy, and the insurer shall disburse to the claimant

only that portion of the payment, if any, after the lien has been

satisfied.

F. The child support lien shall be inferior to any lien or

claim for:

1. Services and expenses documented and related to the claim,

such as attorney fees or health care expenses;

2. Damage to or a loss of real property; or

3. Damage to or a loss of a motor vehicle to the extent that it

would be exempt from claims of general creditors pursuant to Section

1 of Title 31 of the Oklahoma Statutes.

G. The provisions of the Employee Retirement Income Security

Act limiting, for contracts of insurance, the amounts which may be

assigned or attached in order to satisfy child support obligations

shall apply to the provisions of this section.

H. 1. An insurer that fails, without reasonable cause, to

comply with the data exchange requirements of this section shall be

liable for a penalty to the Department in an amount up to Ten

Thousand Dollars ($10,000.00) and be subject to an equitable action

to compile compliance with the data exchange requirements.

2. In addition to the penalties in the previous paragraph, an

insurer that fails to exchange information or that fails or refuses

to surrender property subject to a child support lien to the

Department shall be liable for the amount of the child support which

should have been withheld and paid to the Department.

I. The information obtained by the Department or an insurer

pursuant to the provisions of this section shall be used only to aid

in collection of child support. Disclosure of the information for

any other purpose shall constitute a misdemeanor. Any person

convicted of violating this provision shall be subject to a fine not

to exceed One Thousand Dollars ($1,000.00) or imprisonment in the

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county jail for a term not to exceed one (1) year, or both such fine

and imprisonment.

J. 1. Upon the request of an insurer, a claimant governed by

this section shall provide to the insurer the individual’s:

a. current address,

b. date of birth, and

c. social security number.

2. The insurer may inform the claimant that the request is

being made in accordance with this section for the purpose of

assisting the Department in enforcing child support liens arising

pursuant to Section 135 of Title 43 of the Oklahoma Statutes.

3. Any claimant who refuses to provide the information required

by this section shall not receive payment on the claim, and the

insurer that declines payment on this basis shall be exempt from

suit and immune from liability under this section or any other

section or in any common law action in law or equity.

K. The Department is authorized to enter into any contracts or

cooperative agreements necessary to carry out the provisions of this

section.

L. An insurer shall be immune from civil liability to an

individual or agency for acting in accordance with this section.

M. The Department shall promulgate rules to implement the

provisions of this section.