Amend CSSB 236 by striking all below the enacting clause and
substituting the following:
SECTION 1. Section 154.181, Family Code, is amended to read
as follows:
Sec. 154.181. MEDICAL SUPPORT ORDER. (a) In a suit
affecting the parent-child relationship or in a proceeding under
Chapter 159, the court shall render an order for the medical
support of the child as provided by this section.
(b) Before a hearing on temporary orders or a final order,
if no hearing on temporary orders is held, the court shall require
the parties to the proceedings to disclose in a pleading or other
statement:
(1) if private health insurance is in effect for the
child, the source and quality of the insurance including any
limitations on the coverage, which parent is responsible for
payment of any insurance premium for the coverage, and the cost of
the premium; or
(2) if private health insurance is not in effect for
the child, whether:
(A) the child is receiving medical assistance
under Chapter 32, Human Resources Code;
(B) the child is receiving health benefits
coverage under the Children's Health Insurance Program under
Chapter 62, Health and Safety Code, and the cost of any premium;
and
(C) either parent has access to private health
insurance at reasonable cost to that parent.
(c) In rendering temporary orders, the court shall order
that any health insurance coverage in effect for the child continue
in effect pending the rendition of a final order, except that the
court shall not require the continuation of any health insurance
that is not available to the parent at reasonable cost. If there
is no health insurance coverage in effect for the child or if the
insurance in effect is not available at a reasonable cost and the
child is not receiving medical assistance under Chapter 32, Human
Resources Code, or coverage under the Children's Health Insurance
Program under Chapter 62, Health and Safety Code, the court shall
order health care coverage for the child as provided under Section
154.182.
(d) Except for good cause shown, before rendering a final
order the court shall require the parent ordered to provide health
care coverage for the child as provided under Section 154.182 to
produce evidence to the court's satisfaction that the parent has
applied for or secured health insurance or has otherwise taken
necessary action to provide for health care coverage for the child,
as ordered by the court.
(e) For the purposes of this section, "reasonable cost"
means the cost of a health insurance premium that does not exceed
10 percent of the responsible parent's net income in a month.
SECTION 2. Subsections (b) and (c), Section 154.182, Family
Code, are amended to read as follows:
(b) In <Except as provided for by Subdivision (6), in>
determining the manner in which health insurance for the child is
to be ordered, the court shall render its order in accordance with
the following priorities, unless a party shows good cause why a
particular order would not be in the best interest of the child:
(1) if health insurance is available for the child
through the obligor's employment or membership in a union, trade
association, or other organization at reasonable cost to the
obligor, the court shall order the obligor to include the child in
the obligor's health insurance;
(2) if health insurance is not available for the child
through the obligor's employment but is available for the child at
a reasonable cost through the obligee's employment or membership in
a union, trade association, or other organization, the court may
order the obligee to provide health insurance for the child, and,
in such event, shall order the obligor to pay additional child
support to be withheld from earnings under Chapter 158 to the
obligee for the actual cost of the health insurance for the child;
(3) if health insurance is not available for the child
under Subdivision (1) or (2), the court shall order the obligor to
provide health insurance for the child if the court finds that
health insurance is available to the obligor for the child from
another source and at reasonable cost <that the obligor is
financially able to provide it>;
(4) if neither parent has access to private health
insurance at a reasonable cost, the court shall order that the
custodial parent or, to the extent permitted by law, the
noncustodial parent immediately apply on behalf of the child for
participation in a medical assistance program under Chapter 32,
Human Resources Code, or the Children's Health Insurance Program
under Chapter 62, Health and Safety Code, and that the obligor pay
additional child support, to be withheld from income under Chapter
158, to the obligee for the actual cost of participation of the
child in such program <health insurance is not available for the
child under Subdivision (1), (2), or (3), the court shall order the
obligor to apply for coverage through the Texas Healthy Kids
Corporation established under Chapter 109, Health and Safety Code>;
or
(5) if health coverage is not available for the child
under Subdivision (1), (2), (3), or (4), the court shall order the
obligor to pay the obligee, in addition to any amount ordered under
the guidelines for child support, a reasonable amount each month as
medical support for the child to be withheld from earnings under
Chapter 158<; or>
<(6) notwithstanding Subdivisions (1) through (3), an
obligor whose employer, union, trade association, or other
organization does not offer a child/children coverage option in
lieu of a spouse/child/children option of health insurance coverage
may elect to apply for coverage through the Texas Healthy Kids
Corporation. An obligor required to pay additional child support
to an obligee for health insurance coverage may elect to apply for
coverage through the Texas Healthy Kids Corporation if the
obligee's employer, union, trade association, or other organization
does not offer a child/children coverage option in lieu of a
spouse/child/children option of health insurance coverage>.
(c) As used in this section, "reasonable cost" has the
meaning assigned by Section 154.181(e) <In establishing the amount
of additional medical child support under Subsection (b)(5), the
court shall presume that $38 each month is a reasonable amount for
a child but may order a greater or lesser amount as appropriate
under the circumstances. The Health and Human Services Commission
may promulgate guidelines for the dollar amounts of medical child
support that the court may presumptively apply in circumstances in
which the obligor is responsible for medical child support for more
than one child>.
SECTION 3. To the extent necessary to implement the
provisions of this Act, the attorney general and the Health and
Human Services Commission shall:
(1) request any waiver or authorization from a federal
agency with respect to the provision of medical assistance under
Chapter 32, Human Resources Code, or the operation of a state child
health plan under Chapter 62, Health and Safety Code; and
(2) develop and publish appropriate rules.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2002.