Page:United States Statutes at Large Volume 107 Part 1.djvu/399

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

PUBLIC LAW 103-66 —AUG. 10, 1993 107 STAT. 373 by section 13822 of the Omnibus Budget Reconciliation Act of 1993). " (5) PROCEDURAL REQUIREMENTS.— "(A) TIMELY NOTIFICATIONS AND DETERMINATIONS.— In the case of any medical child support order received by a group health plan— "(i) the plan administrator shall promptly notify the participant and each alternate recipient of the receipt of such order and the plan's procedures for determining whether medical child support orders are qualified medical child support orders, and "(ii) within a reasonable period after receipt of such order, the plsm administrator shall determine whether such order is a qualified medical child support order and notify the participant and each alternate recipient of such determination. "(B) ESTABLISHMENT OF PROCEDURES FOR DETERMINING QUALIFIED STATUS OF ORDERS. —Each group health plan shall establish reasonable procedures to determine whether medical child support orders are qualified medical child support orders and to administer the provision of benefits under such qualified orders. Such procedures— "(i) shall be in writing, "(ii) shall provide for the notification of each person specified in a medical child support order as eligible to receive benefits under the plan (at the address included in the medical child support order) of such procedures promptly upon receipt by the plan of the medical child support order, and "(iii) shall permit an alternate recipient to designate a representative for receipt of copies of notices that are sent to the alternate recipient with respect to a medical child support order. "(6) ACTIONS TAKEN BY FIDUCIARIES.— I f a plan fiduciary acts in accordance with part 4 of this subtitle in treating a medical child support order as being (or not being) a qualified medical child support order, then the plan's obligation to the participant and each alternate recipient shall be discharged to the extent of any payment made pursuant to such act of the fiduciary. "(7) TREATMENT OF ALTERNATE RECIPIENTS.— "(A) TREATMENT AS BENEFICIARY GENERALLY. —A person who is an alternate recipient under a qualified medical child support order shall be considered a beneficiary under the plan for purposes of any provision of this Act. "(B) TREATMENT AS PARTICIPANT FOR PURPOSES OF REPORTING AND DISCLOSURE REQUIREMENTS. —^A person who is an alternate recipient under any medical child support order shall be considered a participant under the plan for purposes of the reporting and disclosure requirements of part 1. "(8) DIRECT PROVISION OF BENEFITS PROVIDED TO ALTER- NATE RECIPIENTS. — Any payment for benefits made by a group health plan pursuant to a medical child support order in reimbursement for expenses paid by an alternate recipient or an alternate recipient's custodial parent or legal guardian shall