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78R2891 MCK-D
By: Uresti H.B. No. 1973
A BILL TO BE ENTITLED
AN ACT
relating to requiring dental support for a child.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 54.06(e), Family Code, is amended to
read as follows:
(e) The court shall apply the child support guidelines under
Subchapter C, Chapter 154, in an order requiring the payment of
child support under this section. The court shall also require in
an order to pay child support under this section that health
insurance and dental insurance be provided for the child.
Subchapter D, Chapter 154, applies to an order requiring health
insurance and dental insurance for a child under this section.
SECTION 2. Section 101.006, Family Code, is amended to read
as follows:
Sec. 101.006. CHILD SUPPORT SERVICES. "Child support
services" means administrative or court actions to:
(1) establish paternity;
(2) establish, modify, or enforce child support, [or]
medical support, or dental support obligations;
(3) locate absent parents; or
(4) cooperate with other states in these actions and
any other action authorized or required under Part D of Title IV of
the federal Social Security Act (42 U.S.C. Section 651 et seq.) or
Chapter 231.
SECTION 3. Chapter 101, Family Code, is amended by adding
Sections 101.0094 and 101.0095 to read as follows:
Sec. 101.0094. DENTAL INSURANCE. "Dental insurance" means
insurance coverage that provides preventive dental care and other
dental services, including usual dentist services, office visits,
examinations, X-rays, and emergency services, that may be provided
through a single service health maintenance organization or other
private or public organization.
Sec. 101.0095. DENTAL SUPPORT. "Dental support" means
periodic payments or a lump-sum payment made under an order to cover
dental expenses, including dental insurance coverage, incurred for
the benefit of a child.
SECTION 4. Section 101.012, Family Code, is amended to read
as follows:
Sec. 101.012. EMPLOYER. "Employer" means a person,
corporation, partnership, workers' compensation insurance carrier,
governmental entity, the United States, or any other entity that
pays or owes earnings to an individual. The term includes, for the
purposes of enrolling dependents in a group health or dental
insurance plan, a union, trade association, or other similar
organization.
SECTION 5. Section 101.034, Family Code, is amended to read
as follows:
Sec. 101.034. TITLE IV-D CASE. "Title IV-D case" means an
action in which services are provided by the Title IV-D agency under
Part D, Title IV, of the federal Social Security Act (42 U.S.C.
Section 651 et seq.), relating to the location of an absent parent,
determination of parentage, or establishment, modification, or
enforcement of a child support, [or] medical support, or dental
support obligation.
SECTION 6. Section 154.008, Family Code, is amended to read
as follows:
Sec. 154.008. PROVISION FOR MEDICAL SUPPORT AND DENTAL
SUPPORT. The court shall order medical support and dental support
for the child as provided by Subchapters B and D.
SECTION 7. Section 154.062(d), Family Code, is amended to
read as follows:
(d) The court shall deduct the following items from
resources to determine the net resources available for child
support:
(1) social security taxes;
(2) federal income tax based on the tax rate for a
single person claiming one personal exemption and the standard
deduction;
(3) state income tax;
(4) union dues; and
(5) expenses for health insurance coverage and dental
insurance coverage for the obligor's child.
SECTION 8. Section 154.064, Family Code, is amended to read
as follows:
Sec. 154.064. MEDICAL SUPPORT AND DENTAL SUPPORT FOR CHILD
PRESUMPTIVELY PROVIDED BY OBLIGOR. The guidelines for support of a
child are based on the assumption that the court will order the
obligor to provide medical support and dental support for the child
in addition to the amount of child support calculated in accordance
with those guidelines.
SECTION 9. The subchapter heading of Subchapter D, Chapter
154, Family Code, is amended to read as follows:
SUBCHAPTER D. MEDICAL SUPPORT AND DENTAL SUPPORT FOR CHILD
SECTION 10. Subchapter D, Chapter 154, Family Code, is
amended by adding Section 154.1815 to read as follows:
Sec. 154.1815. DENTAL SUPPORT ORDER. (a) In this section,
"reasonable cost" means the cost of a dental insurance premium that
does not exceed three percent of the responsible parent's net
income in a month.
(b) In a suit affecting the parent-child relationship or in
a proceeding under Chapter 159, the court shall render an order for
the dental support of the child as provided by this section and
Section 154.1825.
(c) 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
document whether the child is covered by dental insurance and, if
the child is covered, the identity of the insurer providing the
coverage, the policy number, which parent is responsible for
payment of any insurance premium for the coverage, whether the
coverage is provided through a parent's employment, and the cost of
the premium. If dental insurance is not in effect for the child,
the parties must disclose to the court whether either parent has
access to dental insurance at a reasonable cost to that parent.
(d) In rendering temporary orders, the court shall, except
for good cause shown, order that any dental insurance coverage in
effect for the child continue in effect pending the rendition of a
final order, except that the court may not require the continuation
of any dental insurance that is not available to the parent at a
reasonable cost. If dental insurance coverage is not in effect for
the child or if the insurance in effect is not available at a
reasonable cost, the court shall, except for good cause shown,
order dental insurance coverage for the child as provided by
Section 154.1825.
(e) Except for good cause shown, in rendering a final order
the court shall require the parent ordered to provide dental
insurance coverage for the child as provided by Section 154.1825 to
produce evidence to the court's satisfaction that the parent has
applied for or secured dental insurance or has otherwise taken
necessary action to provide for dental insurance coverage for the
child, as ordered by the court.
SECTION 11. Subchapter D, Chapter 154, Family Code, is
amended by adding Section 154.1825 to read as follows:
Sec. 154.1825. DENTAL INSURANCE. (a) In this section,
"reasonable cost" has the meaning assigned by Section 154.1815(a).
(b) The court shall consider the cost and quality of dental
insurance coverage available to the parties and shall give priority
to dental insurance coverage available through the employment of
one of the parties.
(c) In determining the manner in which dental 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 is not in the best interest of the
child:
(1) if dental 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 dental insurance;
(2) if dental 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 dental insurance for the child and
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 dental insurance for the child;
(3) if dental insurance is not available for the child
under Subdivision (1) or (2), the court shall order the obligor to
provide dental insurance for the child if the court finds that
dental insurance is available to the obligor for the child from
another source at a reasonable cost; or
(4) if dental insurance coverage is not available for
the child under Subdivision (1), (2), or (3), 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 dental support for the child to be withheld from earnings
under Chapter 158.
SECTION 12. Section 154.183, Family Code, is amended to
read as follows:
Sec. 154.183. HEALTH AND DENTAL INSURANCE ADDITIONAL
SUPPORT DUTY OF OBLIGOR. (a) An amount that an obligor is required
to pay for health insurance and dental insurance for the child:
(1) is in addition to the amount that the obligor is
required to pay for child support under the guidelines for child
support;
(2) is a child support obligation; and
(3) may be enforced as a child support obligation.
(b) If the court finds and states in the child support order
that the obligee will maintain health insurance coverage and dental
insurance coverage for the child at the obligee's expense, the
court may increase the amount of child support to be paid by the
obligor in an amount not exceeding the total expense to the obligee
for maintaining health insurance coverage and dental insurance
coverage.
(c) As additional child support, the court shall allocate
between the parties, according to their circumstances, the
reasonable and necessary:
(1) health care expenses of a child that are not
reimbursed by health insurance; and
(2) dental expenses of a child that are not reimbursed
by dental insurance.
SECTION 13. Sections 154.184(a) and (b), Family Code, are
amended to read as follows:
(a) Receipt of a medical support order requiring that health
insurance be provided for a child or a dental support order
requiring dental insurance be provided for a child shall be
considered a change in the family circumstances of the employee or
member, for health insurance purposes and dental insurance
purposes, equivalent to the birth or adoption of a child.
(b) If the employee or member is eligible for dependent
health coverage or dependent dental coverage, the employer shall
automatically enroll the child for the first 31 days after the
receipt of the order or notice of the medical support order or the
dental support order under Section 154.186 on the same terms and
conditions as apply to any other dependent child.
SECTION 14. Section 154.185, Family Code, is amended to
read as follows:
Sec. 154.185. PARENT TO FURNISH INFORMATION. (a) The court
shall order a parent providing health insurance or dental insurance
to furnish to either the obligee, obligor, or child support agency
the following information not later than the 30th day after the date
the notice of rendition of the order is received:
(1) the social security number of the parent;
(2) the name and address of the parent's employer;
(3) with regard to health insurance:
(A) whether the employer is self-insured or has
health insurance available;
(B) [(4)] proof that health insurance has been
provided for the child;
(C) [(5)] if the employer has health insurance
available, the name of the health insurance carrier, the number of
the policy, a copy of the policy and schedule of benefits, a health
insurance membership card, claim forms, and any other information
necessary to submit a claim; and
(D) [(6)] if the employer is self-insured, a copy
of the schedule of benefits, a membership card, claim forms, and any
other information necessary to submit a claim; and
(4) with regard to dental insurance:
(A) whether the employer is self-insured or has
dental insurance available;
(B) proof that dental insurance has been provided
for the child;
(C) if the employer has dental insurance
available, the name of the dental insurance carrier, the number of
the policy, a copy of the policy and schedule of benefits, a dental
insurance membership card, claim forms, and any other information
necessary to submit a claim; and
(D) if the employer is self-insured, a copy of
the schedule of benefits, a membership card, claim forms, and any
other information necessary to submit a claim.
(b) The court shall also order a parent providing health
insurance or dental insurance to furnish the obligor, obligee, or
child support agency with additional information regarding the
health insurance coverage or dental insurance coverage not later
than the 15th day after the date the information is received by the
parent.
SECTION 15. Section 154.186, Family Code, is amended to
read as follows:
Sec. 154.186. NOTICE TO EMPLOYER CONCERNING MEDICAL SUPPORT
OR DENTAL SUPPORT. The obligee, obligor, or a child support agency
may send to the employer a copy of the order requiring an employee
to provide health insurance coverage or dental insurance coverage
for a child or may include notice of the medical support order or
dental support order in an order or writ of withholding sent to the
employer in accordance with Chapter 158.
SECTION 16. Section 154.187, Family Code, is amended to
read as follows:
Sec. 154.187. DUTIES OF EMPLOYER. (a) An order or notice
under this subchapter to an employer directing that health
insurance coverage or dental insurance coverage be provided to a
child of an employee or member is binding on a current or subsequent
employer on receipt without regard to the date the order was
rendered. If the employee or member is eligible for dependent
health coverage or dental coverage for the child, the employer
shall immediately enroll the child in a health insurance plan or
dental insurance plan regardless of whether the employee is
enrolled in the plan. If dependent coverage is not available to the
employee or member through the employer's health insurance plan or
dental insurance plan or enrollment cannot be made permanent or if
the employer is not responsible or otherwise liable for providing
such coverage, the employer shall provide notice to the sender in
accordance with Subsection (c).
(b) If additional premiums are incurred as a result of
adding the child to the health insurance plan or the dental
insurance plan, the employer shall deduct the health insurance
premium or the dental insurance premium from the earnings of the
employee in accordance with Chapter 158 and apply the amount
withheld to payment of the insurance premium.
(c) An employer who has received an order or notice under
this subchapter shall provide to the sender, by first class mail not
later than the 30th day after the date the employer receives the
order or notice, a statement that the child:
(1) has been enrolled in a health insurance plan or
dental insurance plan; or
(2) cannot be enrolled or cannot be enrolled
permanently in a health insurance plan or dental insurance plan and
provide the reason why coverage or permanent coverage cannot be
provided.
(d) If the employee ceases employment or if the health
insurance coverage or dental insurance coverage lapses, the
employer shall provide to the sender, by first class mail not later
than the 15th day after the date of the termination of employment or
the lapse of the coverage, notice of the termination or lapse and of
the availability of any conversion privileges.
(e) On request, the employer shall release to the sender
information concerning the available health insurance coverage or
dental insurance coverage, including the name of the health
insurance carrier or dental insurance carrier, the policy number, a
copy of the policy and schedule of benefits, a health insurance
membership card, and claim forms.
(f) In this section, "sender" means the person sending the
order under Section 154.186.
(g) An employer who fails to enroll a child, fails to
withhold or remit premiums or cash medical support and dental
support, or discriminates in hiring or employment on the basis of a
medical support order or a dental support order shall be subject to
the penalties and fines in Subchapter C, Chapter 158.
SECTION 17. Section 154.188, Family Code, is amended to
read as follows:
Sec. 154.188. FAILURE TO PROVIDE REQUIRED HEALTH INSURANCE
OR DENTAL INSURANCE. A parent ordered to provide health insurance
or dental insurance who fails to do so is liable for:
(1) necessary medical expenses or dental expenses of
the child, without regard to whether the expenses would have been
paid if health insurance or dental insurance had been provided; and
(2) the cost of health insurance premiums, dental
insurance premiums, or contributions, if any, paid on behalf of the
child.
SECTION 18. Section 154.189, Family Code, is amended to
read as follows:
Sec. 154.189. NOTICE OF TERMINATION OR LAPSE OF INSURANCE
COVERAGE. (a) An obligor ordered to provide health insurance
coverage or dental insurance coverage for a child must notify the
obligee and any child support agency enforcing a support obligation
against the obligor of the:
(1) termination or lapse of health insurance coverage
or dental insurance coverage for the child not later than the 15th
day after the date of a termination or lapse; and
(2) availability of additional health insurance or
dental insurance to the obligor for the child after a termination or
lapse of coverage not later than the 15th day after the date the
insurance becomes available.
(b) If termination of coverage results from a change of
employers, the obligor, the obligee, or the child support agency
may send the new employer a copy of the order requiring the employee
to provide health insurance or dental insurance for a child or
notice of the medical support order or the dental support order as
provided by this subchapter.
SECTION 19. Section 154.190, Family Code, is amended to
read as follows:
Sec. 154.190. REENROLLING CHILD FOR INSURANCE COVERAGE.
After health insurance or dental insurance has been terminated or
has lapsed, an obligor ordered to provide health insurance coverage
or dental insurance coverage for the child must enroll the child in
a health insurance plan or a dental insurance plan at the next
available enrollment period.
SECTION 20. Section 154.191, Family Code, is amended to
read as follows:
Sec. 154.191. REMEDY NOT EXCLUSIVE. (a) This subchapter
does not limit the rights of the obligor, obligee, local domestic
relations office, or Title IV-D agency to enforce, modify, or
clarify the medical support order or dental support order.
(b) This subchapter does not limit the authority of the
court to render or modify a medical support order or dental support
order containing a provision for payment of uninsured health
expenses, health care costs, [or] health insurance premiums,
uninsured dental expenses, dental costs, or dental insurance
premiums that are in addition to and inconsistent with this
subchapter.
SECTION 21. Section 154.192, Family Code, is amended to
read as follows:
Sec. 154.192. CANCELLATION OR ELIMINATION OF INSURANCE
COVERAGE FOR CHILD. (a) Unless the employee or member ceases to be
eligible for dependent coverage, or the employer has eliminated
dependent health coverage or dental coverage for all of the
employer's employees or members, the employer may not cancel or
eliminate coverage of a child enrolled under this subchapter until
the employer is provided satisfactory written evidence that:
(1) the court order or administrative order requiring
the coverage is no longer in effect; or
(2) the child is enrolled in comparable [health]
insurance coverage or will be enrolled in comparable coverage that
will take effect not later than the effective date of the
cancellation or elimination of the employer's coverage.
SECTION 22. Section 154.193(a), Family Code, is amended to
read as follows:
(a) If a plan administrator or other person acting in an
equivalent position determines that a medical support order or
dental support order issued under this subchapter does not qualify
for enforcement under federal law, the tribunal may, on its own
motion or the motion of a party, render an order that qualifies for
enforcement under federal law.
SECTION 23. Section 157.005(b), Family Code, is amended to
read as follows:
(b) The court retains jurisdiction to confirm the total
amount of child support arrearages and render judgment for past-due
child support until the date all current child support, [and]
medical support, dental support, and child support arrearages,
including interest and any applicable fees and costs, have been
paid.
SECTION 24. Section 157.269, Family Code, is amended to
read as follows:
Sec. 157.269. RETENTION OF JURISDICTION. A court that
renders an order providing for the payment of child support
arrearages retains jurisdiction until all current support, [and]
medical support, dental support, and child support arrearages,
including interest and any applicable fees and costs, have been
paid.
SECTION 25. Sections 158.206(a) and (b), Family Code, are
amended to read as follows:
(a) An employer receiving an order or a writ of withholding
under this chapter, including an order or writ directing that
health insurance or dental insurance be provided to a child, who
complies with the order or writ is not liable to the obligor for the
amount of income withheld and paid as required by the order or writ.
(b) An employer receiving an order or writ of withholding
who does not comply with the order or writ is liable:
(1) to the obligee for the amount not paid in
compliance with the order or writ, including the amount the obligor
is required to pay for health insurance or dental insurance under
Chapter 154;
(2) to the obligor for:
(A) the amount withheld and not paid as required
by the order or writ; and
(B) an amount equal to the interest that accrues
under Section 157.265 on the amount withheld and not paid; and
(3) for reasonable attorney's fees and court costs.
SECTION 26. Section 158.302, Family Code, is amended to
read as follows:
Sec. 158.302. CONTENTS OF NOTICE OF APPLICATION FOR
JUDICIAL WRIT OF WITHHOLDING. The notice of application for
judicial writ of withholding shall be verified and:
(1) state the amount of monthly support due, including
medical support and dental support, the amount of arrearages or
anticipated arrearages, including accrued interest, and the amount
of wages that will be withheld in accordance with a judicial writ of
withholding;
(2) state that the withholding applies to each current
or subsequent employer or period of employment;
(3) state that if the obligor does not contest the
withholding within 10 days after the date of receipt of the notice,
the obligor's employer will be notified to begin the withholding;
(4) describe the procedures for contesting the
issuance and delivery of a writ of withholding;
(5) state that if the obligor contests the
withholding, the obligor will be afforded an opportunity for a
hearing by the court not later than the 30th day after the date of
receipt of the notice of contest;
(6) state that the sole ground for successfully
contesting the issuance of a writ of withholding is a dispute
concerning the identity of the obligor or the existence or amount of
the arrearages, including accrued interest;
(7) describe the actions that may be taken if the
obligor contests the notice of application for judicial writ of
withholding, including the procedures for suspending issuance of a
writ of withholding; and
(8) include with the notice a suggested form for the
motion to stay issuance and delivery of the judicial writ of
withholding that the obligor may file with the clerk of the
appropriate court.
SECTION 27. Section 158.309(c), Family Code, is amended to
read as follows:
(c) Upon hearing, the court shall:
(1) render an order for income withholding that
includes a determination of the amount of child support arrearages,
including medical support, dental support, and interest; or
(2) grant the motion to stay.
SECTION 28. Section 158.312(a), Family Code, is amended to
read as follows:
(a) If a notice of application for judicial writ of
withholding is delivered and a motion to stay is not filed within
the time limits provided by Section 158.307, the party who filed the
notice shall file with the clerk of the court a request for issuance
of the writ of withholding stating the amount of current support,
including medical support and dental support, the amount of
arrearages, and the amount to be withheld from the obligor's
income.
SECTION 29. Section 158.314, Family Code, is amended to
read as follows:
Sec. 158.314. CONTENTS OF WRIT OF WITHHOLDING. The
judicial writ of income withholding issued by the clerk must direct
that the employer or a subsequent employer withhold from the
obligor's disposable income for current child support, including
medical support and dental support, and child support arrearages an
amount that is consistent with the provisions of this chapter
regarding orders of withholding.
SECTION 30. Section 158.502(a), Family Code, is amended to
read as follows:
(a) An administrative writ of withholding under this
subchapter may be issued by the Title IV-D agency at any time until
all current support, including medical support and dental support,
and child support arrearages have been paid. The writ issued under
this subsection may be based on an obligation in more than one
support order.
SECTION 31. Section 158.504(b), Family Code, is amended to
read as follows:
(b) An administrative writ of withholding issued under this
subchapter may contain only the information that is necessary for
the employer to withhold income for child support, [and] medical
support, and dental support and shall specify the place where the
withheld income is to be paid.
SECTION 32. Section 158.507, Family Code, is amended to
read as follows:
Sec. 158.507. ADMINISTRATIVE WRIT TERMINATING WITHHOLDING.
An administrative writ to terminate withholding may be issued and
delivered to an employer by the Title IV-D agency when all current
support, including medical support and dental support, and child
support arrearages have been paid.
SECTION 33. Section 159.502(c), Family Code, is amended to
read as follows:
(c) Except as otherwise provided in Subsection (d) and
Section 159.503, the employer shall withhold and distribute the
funds as directed in the withholding order by complying with terms
of the order that specify:
(1) the duration and amount of periodic payments of
current child support, stated as a sum certain;
(2) the person or agency designated to receive
payments and the address to which the payments are to be forwarded;
(3) medical support and dental support, whether in the
form of periodic cash payments, stated as a sum certain, or ordering
the obligor to provide health insurance coverage or dental
insurance coverage for the child under a policy available through
the obligor's employment;
(4) the amount of periodic payments of fees and costs
for a support enforcement agency, the issuing tribunal, and the
obligee's attorney, stated as sums certain; and
(5) the amount of periodic payments of arrearages and
interest on arrearages, stated as sums certain.
SECTION 34. The heading to Section 231.0011, Family Code,
is amended to read as follows:
Sec. 231.0011. DEVELOPMENT OF STATEWIDE INTEGRATED SYSTEM
FOR CHILD SUPPORT, [AND] MEDICAL SUPPORT, AND DENTAL SUPPORT
ENFORCEMENT.
SECTION 35. Sections 231.0011(a) and (g), Family Code, are
amended to read as follows:
(a) The Title IV-D agency shall have final approval
authority on any contract or proposal for delivery of Title IV-D
services under this section and in coordination with the Texas
Judicial Council, the Office of Court Administration of the Texas
Judicial System, the federal Office of Child Support Enforcement,
and state, county, and local officials, shall develop and implement
a statewide integrated system for child support, [and] medical
support, and dental support enforcement, employing federal, state,
local, and private resources to:
(1) unify child support registry functions;
(2) record and track all child support orders entered
in the state;
(3) establish an automated enforcement process which
will use delinquency monitoring, billing, and other enforcement
techniques to ensure the payment of current support;
(4) incorporate existing enforcement resources into
the system to obtain maximum benefit from state and federal
funding; and
(5) ensure accountability for all participants in the
process, including state, county, and local officials, private
contractors, and the judiciary.
(g) Participation in the statewide integrated system for
child support, [and] medical support, and dental support
enforcement by a county is voluntary, and nothing in this section
shall be construed to mandate participation.
SECTION 36. Section 231.002(e), Family Code, is amended to
read as follows:
(e) The Title IV-D agency may take the following
administrative actions with respect to the location of a parent,
the determination of parentage, and the establishment,
modification, and enforcement of child support, [and] medical
support, and dental support orders required by 42 U.S.C. Section
666(c), without obtaining an order from any other judicial or
administrative tribunal:
(1) issue an administrative subpoena, as provided by
Section 231.303, to obtain financial or other information;
(2) order genetic testing for parentage
determination, as provided by Chapter 233;
(3) order income withholding, as provided by Chapter
233, and issue an administrative writ of withholding, as provided
by Chapter 158; and
(4) take any action with respect to execution,
collection, and release of a judgment or lien for child support
necessary to satisfy the judgment or lien, as provided by Chapter
157.
SECTION 37. Section 231.101(a), Family Code, is amended to
read as follows:
(a) The Title IV-D agency may provide all services required
or authorized to be provided by Part D of Title IV of the federal
Social Security Act (42 U.S.C. Section 651 et seq.), including:
(1) parent locator services;
(2) paternity determination;
(3) child support, [and] medical support, and dental
support establishment;
(4) review and adjustment of child support orders;
(5) enforcement of child support, [and] medical
support, and dental support orders; and
(6) collection and distribution of child support
payments.
SECTION 38. Section 231.104(b), Family Code, is amended to
read as follows:
(b) An application for child support services is an
assignment of support rights, to the extent permitted by federal
law, to enable the Title IV-D agency to establish and enforce child
support, [and] medical support, and dental support obligations, but
an assignment is not a condition of eligibility for services.
SECTION 39. Section 231.301(a), Family Code, is amended to
read as follows:
(a) The parent locator service conducted by the Title IV-D
agency shall be used to obtain information for:
(1) child support establishment and enforcement
purposes regarding the identity, social security number, location,
employer and employment benefits, income, and assets or debts of
any individual under an obligation to pay child support, [or]
medical support, or dental support or to whom a support obligation
is owed; or
(2) the establishment of paternity.
SECTION 40. Section 231.306, Family Code, is amended to
read as follows:
Sec. 231.306. MAXIMIZING MEDICAL SUPPORT AND DENTAL SUPPORT
ESTABLISHMENT AND COLLECTION BY THE TITLE IV-D AGENCY. (a) On the
installation of an automated child support enforcement system, the
Title IV-D agency is strongly encouraged to:
(1) maximize the collection of medical support and
dental support; and
(2) establish cash medical support and dental support
orders for children eligible for medical assistance under the state
Medicaid program for whom private insurance coverage is not
available.
(b) In this section:
(1) "Medical[, "medical] support" has the meaning
assigned by Section 101.020.
(2) "Dental support" has the meaning assigned by
Section 101.0095.
SECTION 41. Section 233.001(a), Family Code, is amended to
read as follows:
(a) The purpose of the procedures specified in the child
support review process authorized by this chapter is to enable the
Title IV-D agency to take expedited administrative actions to
establish, modify, and enforce child support, [and] medical
support, and dental support obligations, to determine parentage, or
to take any other action authorized or required under Part D, Title
IV, of the federal Social Security Act (42 U.S.C. Section 651 et
seq.), and Chapter 231.
SECTION 42. Section 233.009(b), Family Code, is amended to
read as follows:
(b) The notice of proposed child support review order shall
state:
(1) the amount of periodic payment of child support
due, the amount of any overdue support that is owed as an arrearage
as of the date of the notice, and the amounts that are to be paid by
the obligor for current support due and in payment on the arrearage
owed;
(2) that the person identified in the notice as the
party responsible for payment of the support amounts may contest
the notice order on the grounds that:
(A) the respondent is not the responsible party;
(B) the dependent child is no longer entitled to
child support; or
(C) the amount of monthly support or arrearage is
incorrectly stated; and
(3) that, if the person identified in the notice as the
party responsible for payment of the support amounts does not
contest the notice in writing or request a negotiation conference
to discuss the notice not later than the 15th day after the date the
notice was delivered, the Title IV-D agency may file a child support
review order for child support, [and for] medical support, and
dental support for the child as provided by Chapter 154 according to
the information available to the agency.
SECTION 43. Section 233.0095(b), Family Code, is amended to
read as follows:
(b) The notice of proposed child support review order shall
state:
(1) the amount of periodic payment of child support
due;
(2) that the person identified in the notice as the
party responsible for payment of the support amounts may only
contest the amount of monthly support; and
(3) that, if the person identified in the notice as the
party responsible for payment of the support amounts does not
contest the notice in writing or request a negotiation conference
to discuss the notice not later than the 15th day after the date the
notice was delivered, the Title IV-D agency may file the child
support order for child support, [and for] medical support, and
dental support for the child as provided by Chapter 154 according to
the information available to the agency.
SECTION 44. Section 233.017(a), Family Code, is amended to
read as follows:
(a) An order issued under this chapter must be reviewed and
signed by an attorney of the Title IV-D agency and must contain all
provisions that are appropriate for an order under this title,
including current child support, medical support, and dental
support, a determination of any arrearages or retroactive support,
and, if not otherwise ordered, income withholding.
SECTION 45. Section 234.002, Family Code, is amended to
read as follows:
Sec. 234.002. INTEGRATED SYSTEM FOR CHILD SUPPORT, [AND]
MEDICAL SUPPORT, AND DENTAL SUPPORT ENFORCEMENT. The statewide
integrated system for child support, [and] medical support, and
dental support enforcement under Chapter 231 shall be part of the
state case registry and state disbursement unit authorized by this
subchapter.
SECTION 46. Section 71.035(a), Government Code, is amended
to read as follows:
(a) The council shall gather judicial statistics and other
pertinent information from the several state judges and other court
officials of this state. In addition, the council shall implement a
monthly tracking system to ensure accountability for counties and
courts which participate in the statewide integrated system for
child support, [and] medical support, and dental support
enforcement established under Section 231.0011, Family Code. As a
duty of office, the district clerks and county clerks serving the
affected courts shall report monthly such information as may be
required by the council, including, at a minimum, the time required
to enforce cases from date of delinquency, from date of filing, and
from date of service until date of disposition. Such information as
is necessary to complete the report and not directly within the
control of the district or county clerk, such as date of
delinquency, shall be provided to the clerk by the child support
registry or by the enforcement agency providing Title IV-D
enforcement services in the court. The monthly report shall be
transmitted to the Office of Court Administration of the Texas
Judicial System no later than the 20th day of the month following
the month reported, in such form as may be prescribed by the Office
of Court Administration, which may include electronic data
transfer. Copies of such reports shall be maintained in the office
of the appropriate district or county clerk for a period of at least
two years and shall be available to the public for inspection and
reproduction.
SECTION 47. Section 402.085, Labor Code, is amended to read
as follows:
Sec. 402.085. EXCEPTIONS TO CONFIDENTIALITY. (a) The
commission shall release information on a claim to:
(1) the Texas Department of Insurance for any
statutory or regulatory purpose;
(2) a legislative committee for legislative purposes;
(3) a state or federal elected official requested in
writing to provide assistance by a constituent who qualifies to
obtain injury information under Section 402.084(b), if the request
for assistance is provided to the commission;
(4) the Research and Oversight Council on Workers'
Compensation for research purposes; or
(5) the attorney general or another entity that
provides child support services under Part D, Title IV, Social
Security Act (42 U.S.C. Section 651 et seq.), relating to:
(A) establishing, modifying, or enforcing a
child support, [or] medical support, or dental support obligation;
or
(B) locating an absent parent.
(b) The commission may release information on a claim to a
governmental agency, political subdivision, or regulatory body to
use to:
(1) investigate an allegation of a criminal offense or
licensing or regulatory violation;
(2) provide:
(A) unemployment compensation benefits;
(B) crime victims compensation benefits;
(C) vocational rehabilitation services; or
(D) health care benefits;
(3) investigate occupational safety or health
violations;
(4) verify income on an application for benefits under
an income-based state or federal assistance program; or
(5) assess financial resources in an action, including
an administrative action, to:
(A) establish, modify, or enforce a child
support, [or] medical support, or dental support obligation;
(B) establish paternity;
(C) locate an absent parent; or
(D) cooperate with another state in an action
authorized under Part D, Title IV, Social Security Act (42 U.S.C.
Section 651 et seq.), or Subtitle D, Title 5, Family [Chapter 76,
Human Resources] Code.
SECTION 48. Sections 2(A) and (L), Chapter 397, Acts of the
54th Legislature, Regular Session, 1955 (Article 3.70-2, Vernon's
Texas Insurance Code), as amended by Chapters 396 and 1027, Acts of
the 77th Legislature, Regular Session, 2001, are reenacted and
amended to read as follows:
(A) No policy of accident and sickness insurance shall be
delivered or issued for delivery to any person in this state unless:
(1) the entire money and other consideration therefor
are expressed therein or in the application, if it is made a part of
the policy; and
(2) the time at which the insurance takes effect and
terminates is expressed therein; and
(3) it purports to insure only one person, except that
a policy may insure, originally or by subsequent amendment, upon
the application of an adult member of a family who shall be deemed
the policy holder, any two or more eligible members of that family,
including husband, wife, unmarried children under 25 years of age,
including a grandchild of the policy holder as described by Section
(L) of this article, a child the policy holder is required to insure
under a medical support order or dental support order issued under
Chapter 154, Family Code, or enforceable by a court in this state,
and any other person dependent upon the policy holder; and
(4) the style, arrangement and over-all appearance of
the policy gives no undue prominence to any portion of the text, and
unless every printed portion of the text of the policy and of any
endorsements or attached papers (except copies of applications and
identification cards) are plainly printed in lightfaced type of a
style in general use, the size of which shall be uniform and not
less than ten-point with a lower-case unspaced alphabet length not
less than one hundred and twenty-point (the "text" shall include
all printed matter except the name and address of the insurer, name
or title of the policy, the brief description, if any, and captions
and subcaptions); and
(5) the exceptions and reductions of indemnity are set
forth in the policy and, except those which are set forth in Section
3 of this Act, are printed, at the insurer's option, either included
with the benefit provision to which they apply, or under an
appropriate caption such as "Exceptions" or "Exceptions and
Reductions"; provided that if an exception or reduction
specifically applies only to a particular benefit of the policy, a
statement of such exception or reduction shall be included with the
benefit provision to which it applies; and
(6) each such form, including riders and endorsements,
shall be identified by a form number in the lower left-hand corner
of the first page thereof; and
(7) it contains no provision purporting to make any
portion of the charter, rules, constitution, or bylaws of the
insurer a part of the policy unless such portion is set forth in
full in the policy, except in the case of the incorporation of, or
reference to, a statement of rates or classification of risks, or
shortrate table filed with the Board; and
(8) it shall have printed thereon or attached thereto
a notice stating in substance that the person to whom the policy is
issued shall be permitted to return the policy within ten (10) days
of its delivery to such person and to have the premium paid refunded
if, after examination of the policy, such person is not satisfied
with it for any reason. If such person pursuant to such notice,
returns the policy to the insurer at its home or branch office or to
the agent through whom it was purchased, it shall be void from the
beginning and the parties shall be in the same position as if no
policy had been issued. This subdivision shall not apply to single
premium nonrenewable policies.
(L) An individual or group policy of accident and sickness
insurance that is delivered, issued for delivery, or renewed in
this state, including a policy issued by a company subject to
Chapter 20, Insurance Code, evidence of coverage issued by a health
maintenance organization subject to the Texas Health Maintenance
Organization Act (Chapter 20A, Vernon's Texas Insurance Code), and
a self-funded or self-insured welfare or benefit plan or program to
the extent that regulation of the plan or program is not preempted
by federal law that provides coverage for a child of the
policyholder, must provide coverage upon payment of a premium for
any unmarried child of the policyholder's child if the child is
younger than 25 years of age and is a dependent of the policyholder
for federal income tax purposes at the time application for
coverage of the child of the policyholder's child is made or for a
child for whom the group member or insured must provide medical
support or dental support under an order issued under Chapter 154,
Family Code, or enforceable by a court in this state. Coverage for
a child of the policyholder's child may not be terminated solely
because the covered child is no longer a dependent of the
policyholder for federal income tax purposes.
SECTION 49. The heading to Subchapter J, Chapter 3,
Insurance Code, is amended to read as follows:
SUBCHAPTER J. MEDICAL AND DENTAL CHILD SUPPORT
SECTION 50. The heading to Article 3.96-6, Insurance Code,
is amended to read as follows:
Art. 3.96-6. EFFECT OF ASSIGNMENT OF MEDICAL SUPPORT AND
DENTAL SUPPORT RIGHTS TO STATE AGENCY; INFORMATION.
SECTION 51. Section (b), Article 3.96-6, Insurance Code, is
amended to read as follows:
(b) An insurer shall provide to a state agency providing
medical assistance, or to a child support agency enforcing medical
support or dental support, information as necessary to facilitate
reimbursement of medical services provided to or paid on behalf of a
child.
SECTION 52. Section (b), Article 3.96-7, Insurance Code, is
amended to read as follows:
(b) The insurer shall permit a custodial parent, a health
care provider, adult child, or a state agency that has been assigned
medical support or dental support rights to submit claims for
covered services without the approval of the insured parent.
SECTION 53. Section (a), Article 3.96-8, Insurance Code, is
amended to read as follows:
(a) An insurer shall provide coverage for a covered child
who resides outside the insurer's service area, and whose coverage
under a policy or plan is required by a medical support order or
dental support order, that is comparable coverage to that provided
to other dependents under the policy or plan. In this subsection,
"comparable coverage" may include coverage under which an insurer
uses different procedures for service delivery and health care
provider reimbursement. The coverage may not be limited to
emergency services only. The coverage may not include coverage for
which the insurer charges a higher premium.
SECTION 54. (a) This Act takes effect September 1, 2003,
and applies to a suit affecting the parent-child relationship filed
on or after that date. A suit affecting the parent-child
relationship filed before the effective date of this Act is
governed by the law in effect on the date the suit was filed, and the
former law is continued in effect for that purpose.
(b) The change in law made by this Act does not by itself
constitute a material and substantial change of circumstances under
Section 156.401, Family Code, sufficient to warrant modification of
a court order or a portion of a decree that provides for the support
of a child rendered before the effective date of this Act.