Qualified Medical Child Support Orders—FAQs

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The Employee Retirement Income Security Act (ERISA) requires employer-sponsored group health plans to extend healthcare coverage to the children of a parent-employee who is divorced, separated or was never married when ordered to do so by state authorities.

Generally, a state court or agency may require an ERISA-covered health plan to provide health benefits coverage to children by issuing a medical child support order. The group health plan must determine whether the medical child support order is “qualified.” This type of order is referred to as a Qualified Medical Child Support Order (QMCSO). In addition, a state child support enforcement agency may obtain group health coverage for a child by issuing a National Medical Support Notice (NMSN) that the group health plan determines to be qualified.

The Departments of Labor (DOL) and Health and Human Services (HHS) have provided answers to frequently asked questions (FAQs) about QMCSOs and NMSNs. This Compliance Overview includes select FAQs from the DOL and HHS on medical child support orders.

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