SRC-JBJ C.S.S.B. 1814 76(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1814
76R11935 JMM-DBy: Harris
Jurisprudence
4/20/1999
Committee Report (Substituted)


DIGEST 

Currently, although a court may require a child support obligor to pay
expenses for health care, Texas statutes do not require the expenses to be
paid within a certain time.  C.S.S.B. 1814 would establish statutory
requirements regarding the time period to reimburse certain health care
expenses. 

PURPOSE

As proposed, C.S.S.B. 1814 requires child support obligors to provide
health coverage for their children. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 154.182, Family Code, by amending Subsection (b)
and adding Subsection (d), to require the court to render its order
according to certain priorities including ordering the obligor to provide
insurance to the spouse of the obligor.  Authorizes the court to order an
obligor to provide medical support for a child with health insurance that
is available through the obligor's employment or other organization only if
the spouse agrees to include the child in the spouse's coverage. 

SECTION 2.  Amends Chapter 154D, Family Code, by adding Section 154.1835,
as follows: 

Sec. 154.1835.  PAYMENT OF EXPENSES NOT REIMBURSED BY HEALTH INSURANCE.
Requires a party who incurs health care expenses that are reimbursable to
present the other party with a bill for expenses by a certain date.
Provides that if the bill is not presented to the court that issued the
original order or the party required to provide reimbursement within the
allotted time, the right to reimbursement is forfeited. 

SECTION 3.  Amends Article 3.96-2, Insurance Code, to prohibit an insurer
from denying enrollment of a child under the health insurance coverage of a
child's parent or the spouse of the parent on the ground that the child is
not claimed as a dependent on the federal income tax return of the parent
or spouse.  Makes conforming changes. 

SECTION 4.  Amends Article 3.96-3, Insurance Code, by adding Subsection
(c), to require an insurer to permit the parent to enroll a child without
regard to any enrollment period restriction, if the spouse of a parent is
required by a court or administrative order to provide health coverage for
a child and the child is eligible for dependent health coverage. 

SECTION 5.  Amends Article 3.96-7(a), Insurance Code, to make conforming
changes. 

SECTION 6.Effective date: September 1, 1999.

SECTION 7.Emergency clause.






 SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Deletes proposed changes to Section 154.183, Family Code, regarding
reimbursements for certain child health care expenses.   

Amends Section 154.182, Family Code, by amending Subsection (b) and adding
Subsection (d), regarding a requirement to provide health insurance to a
child. 

SECTION 2.

Adds proposed Section 154.1835, Family Code, regarding payment of expenses
not reimbursed by health insurance. 

SECTIONS 3.

Amends Article 3.96-2, Insurance Code, to prohibit an insurer from
implementing certain enrollment restrictions. 

SECTION 4.

Amends Article 3.96-3, Insurance Code, by adding Subsection (c), to require
an insurer to permit the enrollment of a child without regard to certain
restrictions. 

SECTION 5.

 Amends Article 3.96-7(a), Insurance Code, to make conforming changes.

SECTIONS 6-7.

 Redesignated from SECTIONS 2-3.