Yes. A court order requiring that a child be added to a group health plan creates a Special Enrollment Period (SEP) under federal law. This means the employee can enroll both the child and themselves in the plan, even if the employee was not previously enrolled, and does not have to wait until open enrollment.
Under the HIPAA Special Enrollment Rights (outlined in 29 CFR § 2590.701-6), a person is entitled to enroll outside the regular enrollment window if:
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They gain a new dependent through birth, adoption, or placement for adoption, or
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There is a court order requiring coverage of a dependent.
The employee generally has 30 days from the date of the court order to request enrollment. Coverage is usually effective either on the date of the order or the first of the month following the request, depending on the plan’s rules.
Important: Always check the plan’s specific enrollment procedures, but in general, a court order qualifies as a HIPAA special enrollment event.