1-1 By: Harris S.B. No. 1814
1-2 (In the Senate - Filed March 12, 1999; March 15, 1999, read
1-3 first time and referred to Committee on Jurisprudence;
1-4 April 22, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 4, Nays 0; April 22, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1814 By: Harris
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the payment of certain health care expenses as
1-11 additional child support.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 154.182, Family Code, is amended by
1-14 amending Subsection (b) and adding Subsection (d) to read as
1-15 follows:
1-16 (b) Except as provided for by Subdivision (6), in
1-17 determining the manner in which health insurance for the child is
1-18 to be ordered, the court shall render its order in accordance with
1-19 the following priorities, unless a party shows good cause why a
1-20 particular order would not be in the best interest of the child:
1-21 (1) if health insurance is available for the child
1-22 through the obligor's employment or membership in a union, trade
1-23 association, or other organization, the court shall order the
1-24 obligor to include the child in the obligor's health insurance;
1-25 (2) if health insurance is not available for the child
1-26 through the obligor's employment but is available for the child
1-27 through the obligee's employment or membership in a union, trade
1-28 association, or other organization, the court may order the obligee
1-29 to provide health insurance for the child, and, in such event,
1-30 shall order the obligor to pay additional child support to be
1-31 withheld from earnings under Chapter 158 to the obligee for the
1-32 actual cost of the health insurance for the child;
1-33 (3) if health insurance is not available for the child
1-34 under Subdivision (1) or (2), the court shall order the obligor to
1-35 provide health insurance for the child if the court finds that
1-36 health insurance is available for the child from another source,
1-37 including the spouse of the obligor as provided by Subsection (d),
1-38 and that the obligor is financially able to provide it;
1-39 (4) if health insurance is not available for the child
1-40 under Subdivision (1), (2), or (3), the court shall order the
1-41 obligor to apply for coverage through the Texas Healthy Kids
1-42 Corporation established under Chapter 109, Health and Safety Code;
1-43 (5) if health coverage is not available for the child
1-44 under Subdivision (1), (2), (3), or (4), the court shall order the
1-45 obligor to pay the obligee, in addition to any amount ordered under
1-46 the guidelines for child support, a reasonable amount each month as
1-47 medical support for the child to be withheld from earnings under
1-48 Chapter 158; or
1-49 (6) notwithstanding Subdivisions (1) through (3), an
1-50 obligor whose employer, union, trade association, or other
1-51 organization does not offer a child/children coverage option in
1-52 lieu of a spouse/child/children option of health insurance coverage
1-53 may elect to apply for coverage through the Texas Healthy Kids
1-54 Corporation. An obligor required to pay additional child support
1-55 to an obligee for health insurance coverage may elect to apply for
1-56 coverage through the Texas Healthy Kids Corporation if the
1-57 obligee's employer, union, trade association, or other organization
1-58 does not offer a child/children coverage option in lieu of a
1-59 spouse/child/children option of health insurance coverage.
1-60 (d) The court may order under Subsection (b)(3) that an
1-61 obligor provide medical support for a child with health insurance
1-62 that is available through the employment of the obligor's spouse or
1-63 the spouse's membership in a union, trade association, or other
1-64 organization only if the spouse agrees to include the child in the
2-1 spouse's coverage.
2-2 SECTION 2. Subchapter D, Chapter 154, Family Code, is
2-3 amended by adding Section 154.1835 to read as follows:
2-4 Sec. 154.1835. PAYMENT OF EXPENSES NOT REIMBURSED BY HEALTH
2-5 INSURANCE. (a) In allocating between the parties health care
2-6 expenses not reimbursed by health insurance under Section
2-7 154.183(c), a party who incurs health care expenses that are to be
2-8 reimbursed in whole or in part by the other party must present the
2-9 bill for the expenses to the other party not later than the 180th
2-10 day after the date the amount of the unreimbursed expenses is
2-11 determined. If the bill is not presented to the court that issued
2-12 the original order or the party required to provide reimbursement
2-13 before the expiration of the 180th day, the party incurring the
2-14 expenses forfeits the right to reimbursement from the other party.
2-15 (b) On receipt of a bill under Subsection (a), the party
2-16 required to provide reimbursement for health care expenses
2-17 reflected in the bill shall remit the amount the party is required
2-18 to pay to the party who incurred the expenses not later than the
2-19 30th day after the date the bill is received.
2-20 SECTION 3. Article 3.96-2, Insurance Code, is amended to
2-21 read as follows:
2-22 Art. 3.96-2. Denial of Enrollment Prohibited. An insurer
2-23 may not deny enrollment of a child under the health insurance
2-24 coverage of the child's parent or a spouse of the parent on the
2-25 ground that the child:
2-26 (1) has a preexisting condition;
2-27 (2) was born out of wedlock;
2-28 (3) is not claimed as a dependent on the [parent's]
2-29 federal income tax return of the parent or spouse;
2-30 (4) does not reside with the parent or spouse or in
2-31 the insurer's service area; or
2-32 (5) is or has been an applicant for or recipient of
2-33 medical assistance.
2-34 SECTION 4. Article 3.96-3, Insurance Code, is amended by
2-35 adding Subsection (c) to read as follows:
2-36 (c) If the spouse of a parent required by a court or
2-37 administrative order to provide health coverage for a child is
2-38 eligible for dependent health coverage through an insurer and is
2-39 ordered under Section 154.182(b)(3), Family Code, to provide health
2-40 coverage for the child, the insurer shall permit the parent to
2-41 enroll the child without regard to any enrollment period
2-42 restriction.
2-43 SECTION 5. Subsection (a), Article 3.96-7, Insurance Code,
2-44 is amended to read as follows:
2-45 (a) If a child receives health insurance coverage through
2-46 the insurer of a parent of the child or the parent's spouse, that
2-47 insurer must provide information and documents to each custodial
2-48 parent or an adult child as necessary for the child to obtain
2-49 benefits through that coverage, including:
2-50 (1) the name of the insurer;
2-51 (2) the number of the policy;
2-52 (3) a copy of the policy and schedule of benefits;
2-53 (4) a health insurance membership card;
2-54 (5) claim forms; and
2-55 (6) any other information or document necessary to
2-56 submit a claim in accordance with the insurer's policies and
2-57 procedures.
2-58 SECTION 6. (a) This Act takes effect September 1, 1999.
2-59 (b) The change in law made by this Act applies only to a
2-60 court order or portion of a decree in a suit affecting the
2-61 parent-child relationship providing for the payment of health care
2-62 expenses that is rendered on or after the effective date of this
2-63 Act. An order or portion of a decree rendered before the effective
2-64 date of this Act is governed by the law in effect on the date the
2-65 order or decree was rendered, and the former law is continued in
2-66 effect for that purpose.
2-67 SECTION 7. The importance of this legislation and the
2-68 crowded condition of the calendars in both houses create an
2-69 emergency and an imperative public necessity that the
3-1 constitutional rule requiring bills to be read on three several
3-2 days in each house be suspended, and this rule is hereby suspended.
3-3 * * * * *