Federal National Medical Support Notice (NMSN) Updated
Mar 22, 2023
The federal government has the National Medical Support Notice (NMSN), , and . State agencies and courts use this form when an employee is obligated by a child support order to enroll his/her child(ren) in the employer’s health plan if:
The NMSN is equivalent to a Qualified Medical Child Support Order (QMCSO) under ERISA and should be treated the same. Rules do , however, on determining order of priority and cost limits, so multi-state employers will want to become familiar with the rules of each state in which employees reside.
The NMSN or QMCSO, along with the employer’s response to the state agency or court and directive to the insurance company or TPA to start child coverage, are confidential documents not to be shared with the employee. For example, the documents contain the address of the custodial parent which could violate the other parent’s privacy if shared.
As a reminder, employers may not retaliate against employees subject to such orders.
The NMSN or QMCSO can also be used to direct the employer to remove the child(ren) from coverage. In those cases, the employer should not share the order with the employee; rather, inquire with the employee on whether they want the named child(ren) removed from coverage or to remain enrolled. If the employee chooses to have the child(ren) removed from coverage, the notice only authorizes removing the named children. In other words, this does not create a qualifying event that allows the employee to drop their own coverage, even if the only reason for their enrollment was to comply with the NMSN or QMCSO.
Employers of any size, whether their health plan is fully insured or self-funded, should have NMSN/QMCSO procedures that help ensure they respond within the 20-day deadline. The NMSN includes two parts as follows:
These medical support orders may not be frequent, but when they arrive, the speedy response deadline may lead to accidental oversights such as ensuring the notice isn’t shared with the employee. Employers are required to have a set of procedures on file which would need to be followed upon receipt of a medical child support order.
To request a sample set of procedures, please contact your broker representative.
IMA will continue to monitor regulator guidance and offer meaningful, practical, timely information. This material should not be considered as a substitute for legal, tax and/or actuarial advice. Contact the appropriate professional counsel for such matters. These materials are not exhaustive and are subject to possible changes in applicable laws, rules, and regulations and their interpretations.