The Parent Has 45 Days
Video Transcribed: How long does a parent have to submit medical costs to the other parent for reimbursement? I’m Oklahoma Lawyer James Wirth. This is part of a series that we’re doing related to Oklahoma child support an Oklahoma child support guidelines.
The question is, how long do you have to submit a medical expense to the other parent in order to get reimbursement on that? First off, generally, the court’s going to order that health insurance be provided for the minor child or, if sooner care is involved, there could be cash medical set aside. In any case, generally, there’s something to cover part of those expenses.
But what about expenses that are not covered that are reasonable and necessary medical expenses not covered by health insurance or it goes beyond what is covered by health insurance or if there’s no health insurance involved? Well, each party is still responsible for their pro-rata share of that cost based on the amount that they make. That is compared to the amount that the other parent makes, which determines the percentage share that they’re responsible for.
Whoever takes that child to the doctor and obtains that medical service and ultimately gets that bill, how long do they have to provide that to the other side for reimbursement or to get that share paid? That is statutory. It’s provided by Oklahoma statute. You can find it in the Oklahoma law books. It is titled 43 section 118F, and then it is subsection I.
What it provides is that the parent who encouraged the expense shall provide the other parent with proof of the expense within 45 days of receiving the explanation of benefits from the insurance provider or other proof of the expense if the expense is not covered by insurance. That parent that obtains that medical treatment has 45 days to provide proof of that to the other side and request reimbursement, then the other parent has 45 days from that point to provide reimbursement for that or to get that paid. So it’s a 45/45 rule.
The answer to the question in this video is, how long does the parent who received the treatment for the child have to get the information to the other parent and request reimbursement? It’s 45 days. If it’s not done within 45 days, then they could be denied that reimbursement. That is part of another subsection. That’s subsection J, and let me read what it provides.
In addition to any other sanction ordered by the court, a parent incurring uninsured dependent health expenses or increased insurance premiums may be denied the right to receive credit or reimbursement for the expense or increased premium if that parent fails to comply with subsections H and I, meaning that they failed to provide the timely notice here ordered to be 45 days or notice within 45 days to the other parent. If you need to speak to a Tulsa family law attorney or a Tulsa Child Support Collection Attorney please visit makelaweasy.com