Page:United States Statutes at Large Volume 107 Part 1.djvu/661

 PUBLIC LAW 103-66 —AUG. 10, 1993 107 STAT. 635 circumstances under which an employer may withhold less than such employee's share of such premiums. "(4) A law that prohibits an insurer from imposing requirements on a State agency, which has been assigned uie rights of an individual eligible for medical assistance under this title and covered for health benefits from the insurer, that are different from requirements applicable to an agent or assignee of any other individual so covered. ''(5) A law that requires an insurer, in any case in which a child has health coverage through the insurer of a noncustodial parent— "(A) to provide such information to the custodial parent as may be necessary for the child to obtain benefits through such coverage; the custodiiu parent's approval) to submit claims for covered services without the approval of the noncustodicd parent; and "(C) to make payment on claims submitted in accordance with subparagraph (B) directly to such custodial parent, the provider, or the State agency. (6) A law that permits the State agency under this title to garnish the wages, salary, or other employment income of, and requires withholding amounts from State tax refunds to, any person who— "(A) is required by court or administrative order to provide coverage of the costs of health services to a child who is eligible for medical assistance under this title, ''(B) has received payment from a third party for the costs of such services to such child, but "(C) has not used such payments to reimburse, as appropriate, either the other parent or guardian of such child or the provider of such services, to the extent necessary to reimburse the State agency for expenditures for such costs under its plan under this title, but any claims for current or past-due child support shall take priority over any such claims for the costs of such services. "(b) DEFINITION. —For purposes of this section, the term 'insurer* includes a group health plan, as defined in section 607(1) of the Employee Retirement Income Security Act of 1974, a health maintenance organization, and an entity offering a service benefit plan.". (c) EFFECTIVE DATE. —(1) Except as provided in paragraph (2), 42 USC I396g the amendments made by this section apply to calendar quarters ^°^- beginning on or after April 1, 1994, without regard to whether or not final regulations to carry out such amendments have been promulgated by such date. (2) In the case of a State plan under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation in order for the plan to meet the additional requirements imposed by the amendments made by this section, the State plan shall not be regarded as failing to comply with the requiremente of such title solely on the basis of ite failure to meet these additional requiremente before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. For purposes of the preceding sentence, in the case of a State that has a 2-year legislative session.
 * (B) to permit the custodial parent (or provider, with

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