§ 25.333 Contesting medical support notice

Codes > Oregon Revised Statutes > Title 2 > Chapter 25 : Coverage of > 25.333

25.333. Contesting medical support notice

    (1) When the enforcing agency issues a medical support notice under ORS 25.325, the enforcing agency shall notify the parties by regular mail to the last known addresses of the parties:

        (a) That the notice has been sent to the providing party's employer; and

        (b) Of the providing party's rights and duties under the notice.

    (2) A providing party may contest a medical support notice within 14 days after the date the premium is first withheld pursuant to the notice or, if the health benefit plan is provided at no cost to the providing party, the date the first premium is paid by the employer.

    (3) The only basis for contesting a medical support notice is a mistake of fact. A “mistake of fact” means any of the following:

        (a) No order to provide health care coverage under a health benefit plan has been issued in regard to the providing party's child;

        (b) The amount to be withheld for premiums is greater than is permissible under ORS 25.331;

        (c) The alleged providing party is not the party from whom health care coverage is required; or

        (d) The providing party's income is equal to or less than Oregon minimum wage for full-time employment.

    (4) The providing party may contest the medical support notice by requesting an administrative review. After receiving a request for review and within 45 days after the date the premium is first withheld pursuant to the medical support notice, the enforcing agency shall determine, based on an evaluation of the facts, whether the withholding for premiums may continue. The enforcing agency shall inform the parties of the determination in writing and include information regarding the right to appeal the determination.

    (5) Any appeal of the enforcing agency's determination under subsection (4) of this section is to the circuit court for a hearing under ORS 183.484.

    (6) The initiation of proceedings to contest a medical support notice or an appeal of the enforcing agency's determination under this section does not stay the withholding of premiums.