80R7635 MCK-F
 
  By: Eiland H.B. No. 2078
 
 
 
 
A BILL TO BE ENTITLED
AN ACT
relating to health care coverage for a child in a suit affecting the
parent-child relationship.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 154.062, Family Code, is amended by
amending Subsection (d) and adding Subsection (e) 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 the cost of health insurance or cash
medical support [coverage] for the obligor's child ordered by the
court under Section 154.182.
       (e)  In calculating the amount of the deduction for health
care coverage for a child under Subsection (d)(5), if the obligor
has other minor dependents covered under the same health insurance
plan, the court shall divide the total cost to the obligor for the
insurance by the total number of minor dependents, including the
child, covered under the plan.
       SECTION 2.  Sections 154.181(c), (d), and (e), Family Code,
are amended to read as follows:
       (c)  In rendering temporary orders, the court shall, except
for good cause shown, 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 may 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 state
child health plan under Chapter 62, Health and Safety Code], the
court shall, except for good cause shown, order health care
coverage for the child as provided under Section 154.182.
       (d)  On [Except for good cause shown, on] rendering a final
order the court shall:
             (1)  make specific findings with respect to the manner
in which health care coverage is to be provided for the child, in
accordance with the priorities identified under Section 154.182;
and
             (2)  except for good cause shown or on agreement of the
parties, 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)  In this section, "reasonable cost" means the cost of [a]
health insurance coverage for a child [premium] that does not
exceed nine [10] percent of the responsible parent's annual
resources, as described by Section 154.062(b) [net income in a
month].
       SECTION 3.  The heading to Section 154.182, Family Code, is
amended to read as follows:
       Sec. 154.182.  HEALTH CARE COVERAGE FOR CHILD [INSURANCE].
       SECTION 4.  Section 154.182, Family Code, is amended by
amending Subsections (a) and (b) and adding Subsections (b-1),
(b-2), and (b-3) to read as follows:
       (a)  The court shall consider the cost and quality of health
insurance coverage available to the parties and shall give priority
to health insurance coverage available through the employment of
one of the parties if the coverage is available at a reasonable
cost.
       (b)  In determining the manner in which health care coverage
[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 a parent's [the obligor's] employment or membership in a
union, trade association, or other organization at reasonable cost
to the parent [obligor], the court shall order that parent [the
obligor] to include the child in the parent's [obligor's] health
insurance;
             (2)  if health insurance is not available for the child
under Subdivision (1) [through the obligor's employment] but is
available to a parent from another source and [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 that parent [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]; or
             (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;
             [(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 state child health plan 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 the
state child health plan; or
             [(5)]  if health insurance coverage is not available
for the child under Subdivision (1) or [,] (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, an [a
reasonable] amount, not to exceed nine percent of the obligor's
monthly resources, [each month] as cash medical support for the
child [to be withheld from earnings under Chapter 158].
       (b-1)  If the parent ordered to provide health insurance
under Subsection (b)(1) or (b)(2) is the obligee, the court shall
order the obligor to pay the obligee, as additional child support,
an amount equal to the actual cost of health insurance for the
child.  In calculating the actual cost of health insurance for the
child, if the obligee has other minor dependents covered under the
same health insurance plan, the court shall divide the total cost to
the obligee for the insurance by the total number of minor
dependents, including the child covered under the plan.
       (b-2)  If the court finds that neither parent has access to
private health insurance at a reasonable cost, the court shall
order the parent awarded the exclusive right to designate the
child's primary residence or, to the extent permitted by law, the
other parent to apply immediately on behalf of the child for
participation in a government medical assistance program or health
plan. If the child participates in a government medical assistance
program or health plan, the court shall order cash medical support
under Subsection (b)(3).
       (b-3)  An order requiring the payment of cash medical support
under Subsection (b)(3) must allow the obligor to discontinue
payment of the cash medical support if:
             (1)  health insurance for the child becomes available
to the obligor at a reasonable cost; and
             (2)  the obligor:
                   (A)  enrolls the child in the insurance plan; and
                   (B)  provides the obligee and, in a Title IV-D
case, the Title IV-D agency, the information required under Section
154.185.
       SECTION 5.  Section 154.183, Family Code, is amended to read
as follows:
       Sec. 154.183.  MEDICAL SUPPORT [HEALTH INSURANCE]
ADDITIONAL SUPPORT DUTY OF OBLIGOR.  (a)  An amount that an obligor
is ordered [required] to pay as medical support [for health
insurance] for the child under this chapter, including the costs of
health insurance coverage or cash medical support under Section
154.182:
             (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 by any means available for the
enforcement of [as a] child support [obligation], including
withholding from earnings under Chapter 158.
       (b)  If the court finds and states in the child support order
that the obligee will maintain health insurance coverage for the
child at the obligee's expense, the court shall [may] increase the
amount of child support to be paid by the obligor in an amount not
exceeding the actual cost [total expense] to the obligee for
maintaining health insurance coverage, as provided under Section
154.182(b-1).
       (c)  As additional child support, the court shall allocate
between the parties, according to their circumstances, the
reasonable and necessary health care expenses of a child that are
not reimbursed by health insurance or are not otherwise covered by
the amount of cash medical support ordered under Section
154.182(b)(3).
       SECTION 6.  Section 156.401(a), Family Code, is amended to
read as follows:
       (a)  Except as provided by Subsection (a-1) or (b), the court
may modify an order that provides for the support of a child,
including an order for health care coverage under Section 154.182,
if:
             (1)  the circumstances of the child or a person
affected by the order have materially and substantially changed
since the earlier of:
                   (A)  the date of the order's rendition; or
                   (B)  the date of the signing of a mediated or
collaborative law settlement agreement on which the order is based;
or
             (2)  it has been three years since the order was
rendered or last modified and the monthly amount of the child
support award under the order differs by either 20 percent or $100
from the amount that would be awarded in accordance with the child
support guidelines.
       SECTION 7.  The change in law made by this Act applies to a
suit affecting the parent-child relationship pending in a trial
court on or filed on or after the effective date of this Act.
       SECTION 8.  This Act takes effect September 1, 2007.