{"data":{"id":"us-ok/okla.-stat.-tit.-56-56-237b","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 56, § 56-237B","heading":"Insurance claimant owing child support - Exchange of","body":"information between insurance company and Department of Human\n\nServices - Penalties and liability.\n\nA. For the purposes of this section, the word “claimant” has\n\nthe same meaning as defined in the Unfair Claims Settlement\n\nPractices Act in Title 36 of the Oklahoma Statutes and is limited to\n\nan individual who makes a personal injury, wrongful death, or\n\nworkers’ compensation claim against an insured or under an insurance\n\npolicy.\n\nB. Prior to remitting Five Hundred Dollars ($500.00) or more on\n\na claim under a contract of insurance, every insurer authorized to\n\ntransact insurance pursuant to Title 36 of the Oklahoma Statutes\n\nshall exchange information with the Oklahoma Department of Human\n\nServices, as set forth in Section 237 of Title 56 of the Oklahoma\n\nStatutes, to ascertain whether the claimant owes past due child\n\nsupport to the state or to an individual to whom the Department is\n\nproviding child support services.\n\nC. The Department shall develop and implement an insurance\n\nindustry data match reporting system. Such system shall be operated\n\nby the Department and shall use data exchanges to compare claimant\n\ninformation held by insurers with the Department’s Child Support\n\nEnforcement Division’s database of child support obligors who owe\n\npast due child support.\n\nD. 1. To comply with the requirements of this section, an\n\ninsurer shall either provide the Department with information about\n\nthe claimant or match information made available by the Department.\n\n2. An insurer that elects to provide the Department with\n\ninformation about each claimant shall:\n\na. provide to the Department, not less than ten (10)\n\nbusiness days prior to making payment to such\n\nclaimant:\n\n(1) the claimant’s name,\n\n(2) address,\n\n(3) date of birth,\n\n(4) social security number as appearing in the\n\ninsurer’s files, and\n\n(5) such other information appearing in the insurer’s\n\nfiles as the Department may require by rule;\n\nb. use a method and format prescribed by the Department;\n\nprovided, if the insurer is unable to use a method and\n\nformat prescribed, the insurer shall cooperate with\n\nthe Department to identify another method or format,\n\nincluding submission of written materials; and\n\nc. be in compliance with the requirements to provide\n\ninformation if the insurer participates in an\n\ninsurance industry database which contains the\n\nnecessary information and authorizes the Department to\n\nobtain the information from the database for the\n\npurpose of compliance with this section and Section\n\n135 of Title 43 of the Oklahoma Statutes.\n\n3. An insurer that elects to match information made available\n\nby the Department and such claimant owes past due child support, the\n\ninsurer shall notify the Department, not less than ten (10) business\n\ndays prior to making payment to such claimant, of:\n\na. the claimant’s name,\n\nb. address,\n\nc. date of birth,\n\nd. social security number as appearing in the insurer’s\n\nfiles, and\n\ne. other information appearing in the insurer’s files as\n\nthe Department may require by rule, using a method and\n\nformat prescribed by the Department.\n\nE. 1. Upon receiving notice of a match as set forth in this\n\nsection, the Department’s Child Support Enforcement Division shall\n\nsend the insurer a notice of lien pursuant to Section 135 of Title\n\n43 of the Oklahoma Statutes.\n\n2. The insurer shall withhold the full amount of past support\n\nas set forth in the notice of lien and shall remit that amount to\n\nthe Centralized Support Registry as provided by Section 413 of Title\n\n43 of the Oklahoma Statutes.\n\n3. The lien shall encumber the right of the claimant to payment\n\nunder the policy, and the insurer shall disburse to the claimant\n\nonly that portion of the payment, if any, after the lien has been\n\nsatisfied.\n\nF. The child support lien shall be inferior to any lien or\n\nclaim for:\n\n1. Services and expenses documented and related to the claim,\nd by Section 413 of Title\n\n43 of the Oklahoma Statutes.\n\n3. The lien shall encumber the right of the claimant to payment\n\nunder the policy, and the insurer shall disburse to the claimant\n\nonly that portion of the payment, if any, after the lien has been\n\nsatisfied.\n\nF. The child support lien shall be inferior to any lien or\n\nclaim for:\n\n1. Services and expenses documented and related to the claim,\n\nsuch as attorney fees or health care expenses;\n\n2. Damage to or a loss of real property; or\n\n3. Damage to or a loss of a motor vehicle to the extent that it\n\nwould be exempt from claims of general creditors pursuant to Section\n\n1 of Title 31 of the Oklahoma Statutes.\n\nG. The provisions of the Employee Retirement Income Security\n\nAct limiting, for contracts of insurance, the amounts which may be\n\nassigned or attached in order to satisfy child support obligations\n\nshall apply to the provisions of this section.\n\nH. 1. An insurer that fails, without reasonable cause, to\n\ncomply with the data exchange requirements of this section shall be\n\nliable for a penalty to the Department in an amount up to Ten\n\nThousand Dollars ($10,000.00) and be subject to an equitable action\n\nto compile compliance with the data exchange requirements.\n\n2. In addition to the penalties in the previous paragraph, an\n\ninsurer that fails to exchange information or that fails or refuses\n\nto surrender property subject to a child support lien to the\n\nDepartment shall be liable for the amount of the child support which\n\nshould have been withheld and paid to the Department.\n\nI. The information obtained by the Department or an insurer\n\npursuant to the provisions of this section shall be used only to aid\n\nin collection of child support. Disclosure of the information for\n\nany other purpose shall constitute a misdemeanor. Any person\n\nconvicted of violating this provision shall be subject to a fine not\n\nto exceed One Thousand Dollars ($1,000.00) or imprisonment in the\n\ncounty jail for a term not to exceed one (1) year, or both such fine\n\nand imprisonment.\n\nJ. 1. Upon the request of an insurer, a claimant governed by\n\nthis section shall provide to the insurer the individual’s:\n\na. current address,\n\nb. date of birth, and\n\nc. social security number.\n\n2. The insurer may inform the claimant that the request is\n\nbeing made in accordance with this section for the purpose of\n\nassisting the Department in enforcing child support liens arising\n\npursuant to Section 135 of Title 43 of the Oklahoma Statutes.\n\n3. Any claimant who refuses to provide the information required\n\nby this section shall not receive payment on the claim, and the\n\ninsurer that declines payment on this basis shall be exempt from\n\nsuit and immune from liability under this section or any other\n\nsection or in any common law action in law or equity.\n\nK. The Department is authorized to enter into any contracts or\n\ncooperative agreements necessary to carry out the provisions of this\n\nsection.\n\nL. An insurer shall be immune from civil liability to an\n\nindividual or agency for acting in accordance with this section.\n\nM. The Department shall promulgate rules to implement the\n\nprovisions of this section.","path":["OK Code","Title 56"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os56.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"f3504f14bb3b99fc20ec31f371fc861c4cf2d693ac7eb82c3f61702a0010817e","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-56-56-237a","next":"us-ok/okla.-stat.-tit.-56-56-238"},"notice":"GroundRules: Original legal text. Not legal advice."}