SRC-EPT H.B. 2001 78(R)    BILL ANALYSIS


Senate Research CenterH.B. 2001
78R10437 JMM-F
By: Dutton(Harris) 
Administration
5-3-2003
Engrossed

DIGEST AND PURPOSE 

Currently, the Texas Family Code provides for the establishment and
enforcement of child support and medical support obligations in suits
affecting the parent-child relationships. 
H.B. 2001 brings Texas into compliance with the federal requirement that
all state Title IV-D agencies use the National Medical Support Notice to
enforce the health care coverage provision in a child support order by
requiring the state's Title IV-D agency to use the notice in appropriate
cases and, under the agency's existing rule-making authority, to establish
procedures for the use of the notice.  This bill also extends the use of
the notice to child support cases not being enforced by the Title IV-D
agency. 
 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Title IV-D agency in
SECTION 1 (Section 154.186, Family Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 154.186, Family Code, as follows:
 
Sec. 154.186.  NOTICE TO EMPLOYER CONCERNING MEDICAL SUPPORT.  (a)
Subsection created from existing text. 
 
(b)  Requires the Title IV-D agency, in an appropriate Title IV-D case, to
send to the employer the national medical support notice required under
Part D, Title IV of the federal Social Security Act (42 U.S.C. Section 651
et seq.), as amended. Authorizes use of the notice in any other suit in
which an obligor is ordered to provide health insurance coverage for a
child. 
 
(c)  Requires the Title IV-D agency by rule to establish procedures
consistent with federal law for use of the national medical support notice
and authorizes prescribing forms for efficient use of the notice.
Requires the agency to provide the notice and forms, on request, to
certain persons and entities.  
 
SECTION 2.  Amends Section 154.187, Family Code, by amending Subsections
(f) and (g) and adding Subsection (h), as follows: 
 
 (f)  Redefines "sender."

(g)  Requires an employer who fails to enroll a child, fails to withhold
or remit premiums or cash medical support, or discriminates in hiring or
employment on the basis of a medical support order or notice under this
subchapter to be subject to the penalties and fines in Subchapter C,
Chapter 158. 
 
(h)  Requires an employer who receives a national medical support notice
under Section 154.186 to comply with the requirements of the notice. 
 
SECTION 3.  Effective date:  July 1, 2003, or September 1, 2003.