77R10701 E
By Harris, et al. S.B. No. 236
Substitute the following for S.B. No. 236:
By Tillery C.S.S.B. No. 236
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to court-ordered medical support for certain children.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 154.181, Family Code, is amended to read
1-5 as follows:
1-6 Sec. 154.181. MEDICAL SUPPORT ORDER. (a) In a suit
1-7 affecting the parent-child relationship or in a proceeding under
1-8 Chapter 159, the court shall render an order for the medical
1-9 support of the child as provided by this section and Section
1-10 154.182.
1-11 (b) Before a hearing on temporary orders or a final order,
1-12 if no hearing on temporary orders is held, the court shall require
1-13 the parties to the proceedings to disclose in a pleading or other
1-14 statement:
1-15 (1) if private health insurance is in effect for the
1-16 child, the identity of the insurance company providing the
1-17 coverage, the policy number, which parent is responsible for
1-18 payment of any insurance premium for the coverage, whether the
1-19 coverage is provided through a parent's employment, and the cost of
1-20 the premium; or
1-21 (2) if private health insurance is not in effect for
1-22 the child, whether:
1-23 (A) the child is receiving medical assistance
1-24 under Chapter 32, Human Resources Code;
2-1 (B) the child is receiving health benefits
2-2 coverage under the state child health plan under Chapter 62, Health
2-3 and Safety Code, and the cost of any premium; and
2-4 (C) either parent has access to private health
2-5 insurance at reasonable cost to that parent.
2-6 (c) In rendering temporary orders, the court shall order
2-7 that any health insurance coverage in effect for the child continue
2-8 in effect pending the rendition of a final order, except that the
2-9 court may not require the continuation of any health insurance that
2-10 is not available to the parent at reasonable cost. If there is no
2-11 health insurance coverage in effect for the child or if the
2-12 insurance in effect is not available at a reasonable cost and the
2-13 child is not receiving medical assistance under Chapter 32, Human
2-14 Resources Code, or coverage under the state child health plan under
2-15 Chapter 62, Health and Safety Code, the court shall order health
2-16 care coverage for the child as provided under Section 154.182.
2-17 (d) Except for good cause shown, on rendering a final order
2-18 the court shall require the parent ordered to provide health care
2-19 coverage for the child as provided under Section 154.182 to produce
2-20 evidence to the court's satisfaction that the parent has applied
2-21 for or secured health insurance or has otherwise taken necessary
2-22 action to provide for health care coverage for the child, as
2-23 ordered by the court.
2-24 (e) In this section, "reasonable cost" means the cost of a
2-25 health insurance premium that does not exceed 10 percent of the
2-26 responsible parent's net income in a month.
2-27 SECTION 2. Subsections (b) and (c), Section 154.182, Family
3-1 Code, are amended to read as follows:
3-2 (b) In [Except as provided for by Subdivision (6), in]
3-3 determining the manner in which health insurance for the child is
3-4 to be ordered, the court shall render its order in accordance with
3-5 the following priorities, unless a party shows good cause why a
3-6 particular order would not be in the best interest of the child:
3-7 (1) if health insurance is available for the child
3-8 through the obligor's employment or membership in a union, trade
3-9 association, or other organization at reasonable cost to the
3-10 obligor, the court shall order the obligor to include the child in
3-11 the obligor's health insurance;
3-12 (2) if health insurance is not available for the child
3-13 through the obligor's employment but is available for the child at
3-14 a reasonable cost through the obligee's employment or membership in
3-15 a union, trade association, or other organization, the court may
3-16 order the obligee to provide health insurance for the child, and,
3-17 in such event, shall order the obligor to pay additional child
3-18 support to be withheld from earnings under Chapter 158 to the
3-19 obligee for the actual cost of the health insurance for the child;
3-20 (3) if health insurance is not available for the child
3-21 under Subdivision (1) or (2), the court shall order the obligor to
3-22 provide health insurance for the child if the court finds that
3-23 health insurance is available to the obligor for the child from
3-24 another source and at reasonable cost [that the obligor is
3-25 financially able to provide it];
3-26 (4) if neither parent has access to private health
3-27 insurance at a reasonable cost, the court shall order that the
4-1 custodial parent or, to the extent permitted by law, the
4-2 noncustodial parent immediately apply on behalf of the child for
4-3 participation in a medical assistance program under Chapter 32,
4-4 Human Resources Code, or the state child health plan under Chapter
4-5 62, Health and Safety Code, and that the obligor pay additional
4-6 child support, to be withheld from income under Chapter 158, to the
4-7 obligee for the actual cost of participation of the child in such
4-8 program [health insurance is not available for the child under
4-9 Subdivision (1), (2), or (3), the court shall order the obligor to
4-10 apply for coverage through the Texas Healthy Kids Corporation
4-11 established under Chapter 109, Health and Safety Code]; or
4-12 (5) if health coverage is not available for the child
4-13 under Subdivision (1), (2), (3), or (4), the court shall order the
4-14 obligor to pay the obligee, in addition to any amount ordered under
4-15 the guidelines for child support, a reasonable amount each month as
4-16 medical support for the child to be withheld from earnings under
4-17 Chapter 158[; or]
4-18 [(6) notwithstanding Subdivisions (1) through (3), an
4-19 obligor whose employer, union, trade association, or other
4-20 organization does not offer a child/children coverage option in
4-21 lieu of a spouse/child/children option of health insurance coverage
4-22 may elect to apply for coverage through the Texas Healthy Kids
4-23 Corporation. An obligor required to pay additional child support
4-24 to an obligee for health insurance coverage may elect to apply for
4-25 coverage through the Texas Healthy Kids Corporation if the
4-26 obligee's employer, union, trade association, or other organization
4-27 does not offer a child/children coverage option in lieu of a
5-1 spouse/child/children option of health insurance coverage].
5-2 (c) In this section, "reasonable cost" has the meaning
5-3 assigned by Section 154.181(e) [In establishing the amount of
5-4 additional medical child support under Subsection (b)(5), the court
5-5 shall presume that $38 each month is a reasonable amount for a
5-6 child but may order a greater or lesser amount as appropriate under
5-7 the circumstances. The Health and Human Services Commission may
5-8 promulgate guidelines for the dollar amounts of medical child
5-9 support that the court may presumptively apply in circumstances in
5-10 which the obligor is responsible for medical child support for more
5-11 than one child].
5-12 SECTION 3. To the extent necessary to implement the
5-13 provisions of this Act, the attorney general and the Health and
5-14 Human Services Commission shall:
5-15 (1) request any waiver or authorization from a federal
5-16 agency with respect to the provision of medical assistance under
5-17 Chapter 32, Human Resources Code, or the operation of a state child
5-18 health plan under Chapter 62, Health and Safety Code; and
5-19 (2) develop and publish appropriate rules.
5-20 SECTION 4. This Act takes effect immediately if it receives
5-21 a vote of two-thirds of all members elected to each house, as
5-22 provided by Section 39, Article III, Texas Constitution. If this
5-23 Act does not receive the vote necessary for immediate effect, this
5-24 Act takes effect September 1, 2001.