qualified medical child support order

(2) Definitions For purposes of this subsection— (A) Qualified medical child support order The term “qualified medical child support order” means a medical child support order— (i) which creates or recognizes the existence of an alternate recipient’s right to, or assigns to an alternate recipient the right to, receive benefits for which a participant or beneficiary is eligible under a group health plan, and (ii) with respect to which the requirements of paragraphs (3) and (4) are met. (B) Medical child support order The term “medical child support order” means any judgment, decree, or order (including approval of a settlement agreement) which— (i) provides for child support with respect to a child of a participant under a group health plan or provides for health benefit coverage to such a child, is made pursuant to a State domestic relations law (including a community property law), and relates to benefits under such plan, or (ii) is made pursuant to a law relating to medical child support described in section 1908 of the Social Security Act [ 42 U.S.C. 1396g–1 ] (as added by section 13822 of the Omnibus Budget Reconciliation Act of 1993) with respect to a group health plan, if such judgment, decree, or order (I) is issued by a court of competent jurisdiction or (II) is issued through an administrative process established under State law and has the force and effect of law under applicable State law. For purposes of this subparagraph, an administrative notice which is issued pursuant to an administrative process referred to in subclause (II) of the preceding sentence and which has the effect of an order described in clause (i) or (ii) of the preceding sentence shall be treated as such an order. (C) Alternate recipient The term “alternate recipient” means any child of a participant who is recognized under a medical child support order as having a right to enrollment under a group health plan with respect to such participant. (D) Child The term “child” includes any child adopted by, or placed for adoption with, a participant of a group health plan.

Source

29 USC § 1169(a)(2)


Scoping language

For purposes of this subsection
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