By: Harris S.B. No. 1814
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the payment of certain health care expenses as
1-2 additional child support.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 154.182, Family Code, is amended by
1-5 amending Subsection (b) and adding Subsection (d) to read as
1-6 follows:
1-7 (b) Except as provided for by Subdivision (6), in
1-8 determining the manner in which health insurance for the child is
1-9 to be ordered, the court shall render its order in accordance with
1-10 the following priorities, unless a party shows good cause why a
1-11 particular order would not be in the best interest of the child:
1-12 (1) if health insurance is available for the child
1-13 through the obligor's employment or membership in a union, trade
1-14 association, or other organization, the court shall order the
1-15 obligor to include the child in the obligor's health insurance;
1-16 (2) if health insurance is not available for the child
1-17 through the obligor's employment but is available for the child
1-18 through the obligee's employment or membership in a union, trade
1-19 association, or other organization, the court may order the obligee
1-20 to provide health insurance for the child, and, in such event,
1-21 shall order the obligor to pay additional child support to be
1-22 withheld from earnings under Chapter 158 to the obligee for the
1-23 actual cost of the health insurance for the child;
1-24 (3) if health insurance is not available for the child
2-1 under Subdivision (1) or (2), the court shall order the obligor to
2-2 provide health insurance for the child if the court finds that
2-3 health insurance is available for the child from another source,
2-4 including the spouse of the obligor as provided by Subsection (d),
2-5 and that the obligor is financially able to provide it;
2-6 (4) if health insurance is not available for the child
2-7 under Subdivision (1), (2), or (3), the court shall order the
2-8 obligor to apply for coverage through the Texas Healthy Kids
2-9 Corporation established under Chapter 109, Health and Safety Code;
2-10 (5) if health coverage is not available for the child
2-11 under Subdivision (1), (2), (3), or (4), the court shall order the
2-12 obligor to pay the obligee, in addition to any amount ordered under
2-13 the guidelines for child support, a reasonable amount each month as
2-14 medical support for the child to be withheld from earnings under
2-15 Chapter 158; or
2-16 (6) notwithstanding Subdivisions (1) through (3), an
2-17 obligor whose employer, union, trade association, or other
2-18 organization does not offer a child/children coverage option in
2-19 lieu of a spouse/child/children option of health insurance coverage
2-20 may elect to apply for coverage through the Texas Healthy Kids
2-21 Corporation. An obligor required to pay additional child support
2-22 to an obligee for health insurance coverage may elect to apply for
2-23 coverage through the Texas Healthy Kids Corporation if the
2-24 obligee's employer, union, trade association, or other organization
2-25 does not offer a child/children coverage option in lieu of a
2-26 spouse/child/children option of health insurance coverage.
3-1 (d) The court may order under Subsection (b)(3) that an
3-2 obligor provide medical support for a child with health insurance
3-3 that is available through the employment of the obligor's spouse or
3-4 the spouse's membership in a union, trade association, or other
3-5 organization only if the spouse agrees to include the child in the
3-6 spouse's coverage.
3-7 SECTION 2. Subchapter D, Chapter 154, Family Code, is
3-8 amended by adding Section 154.1835 to read as follows:
3-9 Sec. 154.1835. PAYMENT OF EXPENSES NOT REIMBURSED BY HEALTH
3-10 INSURANCE. (a) In allocating between the parties health care
3-11 expenses not reimbursed by health insurance under Section
3-12 154.183(c), a party who incurs health care expenses that are to be
3-13 reimbursed in whole or in part by the other party must present the
3-14 bill for the expenses to the other party not later than the 180th
3-15 day after the date the amount of the unreimbursed expenses is
3-16 determined. If the bill is not presented to the court that issued
3-17 the original order or the party required to provide reimbursement
3-18 before the expiration of the 180th day, the party incurring the
3-19 expenses forfeits the right to reimbursement from the other party.
3-20 (b) On receipt of a bill under Subsection (a), the party
3-21 required to provide reimbursement for health care expenses
3-22 reflected in the bill shall remit the amount the party is required
3-23 to pay to the party who incurred the expenses not later than the
3-24 30th day after the date the bill is received.
3-25 SECTION 3. Article 3.96-2, Insurance Code, is amended to
3-26 read as follows:
4-1 Art. 3.96-2. Denial of Enrollment Prohibited. An insurer
4-2 may not deny enrollment of a child under the health insurance
4-3 coverage of the child's parent or a spouse of the parent on the
4-4 ground that the child:
4-5 (1) has a preexisting condition;
4-6 (2) was born out of wedlock;
4-7 (3) is not claimed as a dependent on the [parent's]
4-8 federal income tax return of the parent or spouse;
4-9 (4) does not reside with the parent or spouse or in
4-10 the insurer's service area; or
4-11 (5) is or has been an applicant for or recipient of
4-12 medical assistance.
4-13 SECTION 4. Article 3.96-3, Insurance Code, is amended by
4-14 adding Subsection (c) to read as follows:
4-15 (c) If the spouse of a parent required by a court or
4-16 administrative order to provide health coverage for a child is
4-17 eligible for dependent health coverage through an insurer and is
4-18 ordered under Section 154.182(b)(3), Family Code, to provide health
4-19 coverage for the child, the insurer shall permit the parent to
4-20 enroll the child without regard to any enrollment period
4-21 restriction.
4-22 SECTION 5. Subsection (a), Article 3.96-7, Insurance Code,
4-23 is amended to read as follows:
4-24 (a) If a child receives health insurance coverage through
4-25 the insurer of a parent of the child or the parent's spouse, that
4-26 insurer must provide information and documents to each custodial
5-1 parent or an adult child as necessary for the child to obtain
5-2 benefits through that coverage, including:
5-3 (1) the name of the insurer;
5-4 (2) the number of the policy;
5-5 (3) a copy of the policy and schedule of benefits;
5-6 (4) a health insurance membership card;
5-7 (5) claim forms; and
5-8 (6) any other information or document necessary to
5-9 submit a claim in accordance with the insurer's policies and
5-10 procedures.
5-11 SECTION 6. (a) This Act takes effect September 1, 1999.
5-12 (b) The change in law made by this Act applies only to a
5-13 court order or portion of a decree in a suit affecting the
5-14 parent-child relationship providing for the payment of health care
5-15 expenses that is rendered on or after the effective date of this
5-16 Act. An order or portion of a decree rendered before the effective
5-17 date of this Act is governed by the law in effect on the date the
5-18 order or decree was rendered, and the former law is continued in
5-19 effect for that purpose.
5-20 SECTION 7. The importance of this legislation and the
5-21 crowded condition of the calendars in both houses create an
5-22 emergency and an imperative public necessity that the
5-23 constitutional rule requiring bills to be read on three several
5-24 days in each house be suspended, and this rule is hereby suspended.