Legal Authorities:
- Executive Order No. 13181
- 65 FR 81321
- 29 USC § 1169
- 42 USC § 666(a)(19) – Health Care Coverage
- 29 CFR § 2590 – Rules and Regulations for Group Health Plans
- 45 CFR § 160.103
- 45 CFR § 164.501
- 45 CFR § 164.512(a) and (d)(1)(iii)
- 45 CFR §§ 303.30, and 303.32
- 36 OS § 6058A
- 43 OS § 118.2(B)
CSS is required to provide sufficient information to parties to a child support case, their attorneys, interpreters, and authorized representatives for the children’s enrollment and coverage. This information includes the child’s name, date of birth, and social security number.
Additionally, CSS may indicate to the plan administrator whether the child resides within their service area upon request. CSS is not prohibited from requesting or receiving insurance and employment information due to the HIPAA.
The information requested in the National Medical Support Notice (NMSN) is not protected health information as defined in 45 C.F.R. § 164.501. The information requested in the NMSN does not relate to a condition of the individual, providing health care to that individual, or payment for health care to that individual. Even if this information were to be construed as protected health information, a covered entity may disclose protected health information to the extent that disclosure is required by law or to an agency performing a government regulatory program. The employer is required by numerous federal and state laws to comply with the NMSN by providing information to CSS so that child(ren) might receive appropriate medical care.