Benefits for health care: Prompt enrollment and restrictions on termination of enrollment of child; withholding of employee’s wages; remedies are cumulative.

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If an employer provides benefits for health care to his or her employees and the benefits include coverage of the employee’s family, the employer shall:

1. Permit an employee who is required by the order of a court or administrative tribunal to provide health coverage for his or her child to enroll the child for coverage as a member of the employee’s family without regard to a restriction on periods of enrollment applicable to the employee.

2. If the parent so required is enrolled for coverage but does not apply to enroll the child, permit the child’s other parent or the Division of Welfare and Supportive Services of the Department of Health and Human Services to enroll the child.

3. Not terminate the enrollment of the child in that coverage or otherwise eliminate that coverage of the child unless the insurer has written proof that:

(a) The order for medical coverage is no longer in effect; or

(b) The child is or will be enrolled in comparable coverage through another insurer on or before the effective date of the termination of enrollment or elimination of coverage.

4. Withhold from the employee’s wages, and pay to the insurer if the employer is not self-insured, the employee’s share, if any, of the cost of the coverage provided for the child but not more than the amount of withholding for insurance permitted by federal law or regulation.

The purpose of this section is to ensure that children are promptly enrolled in a program of health insurance provided by the responsible parent and that the health insurance is maintained. The remedies provided in this section are cumulative and in addition to any other remedy provided by law to the extent they are not inconsistent with the provisions of NRS 33.035 and chapters 31A, 125B, 130 and 425 of NRS.

(Added to NRS by 1995, 2426; A 2003, 1756)


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