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A BILL TO BE ENTITLED
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AN ACT
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relating to health care coverage for a child in a suit affecting the |
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parent-child relationship. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 154.062, Family Code, is amended by |
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amending Subsection (d) and adding Subsection (e) to read as |
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follows: |
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(d) The court shall deduct the following items from |
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resources to determine the net resources available for child |
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support: |
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(1) social security taxes; |
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(2) federal income tax based on the tax rate for a |
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single person claiming one personal exemption and the standard |
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deduction; |
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(3) state income tax; |
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(4) union dues; and |
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(5) expenses for the cost of health insurance or cash |
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medical support [coverage] for the obligor's child ordered by the |
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court under Section 154.182. |
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(e) In calculating the amount of the deduction for health |
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care coverage for a child under Subsection (d)(5), if the obligor |
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has other minor dependents covered under the same health insurance |
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plan, the court shall divide the total cost to the obligor for the |
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insurance by the total number of minor dependents, including the |
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child, covered under the plan. |
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SECTION 2. Subsections (c), (d), and (e), Section 154.181, |
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Family Code, are amended to read as follows: |
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(c) In rendering temporary orders, the court shall, except |
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for good cause shown, order that any health insurance coverage in |
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effect for the child continue in effect pending the rendition of a |
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final order, except that the court may not require the continuation |
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of any health insurance that is not available to the parent at |
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reasonable cost. If there is no health insurance coverage in effect |
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for the child or if the insurance in effect is not available at a |
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reasonable cost [and the child is not receiving medical assistance
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under Chapter 32, Human Resources Code, or coverage under the state
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child health plan under Chapter 62, Health and Safety Code], the |
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court shall, except for good cause shown, order health care |
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coverage for the child as provided under Section 154.182. |
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(d) On [Except for good cause shown, on] rendering a final |
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order the court shall: |
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(1) make specific findings with respect to the manner |
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in which health care coverage is to be provided for the child, in |
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accordance with the priorities identified under Section 154.182; |
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and |
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(2) except for good cause shown or on agreement of the |
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parties, require the parent ordered to provide health care coverage |
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for the child as provided under Section 154.182 to produce evidence |
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to the court's satisfaction that the parent has applied for or |
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secured health insurance or has otherwise taken necessary action to |
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provide for health care coverage for the child, as ordered by the |
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court. |
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(e) In this section, "reasonable cost" means the cost of [a] |
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health insurance coverage for a child [premium] that does not |
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exceed nine [10] percent of the responsible parent's annual |
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resources, as described by Section 154.062(b) [net income in a
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month]. |
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SECTION 3. The heading to Section 154.182, Family Code, is |
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amended to read as follows: |
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Sec. 154.182. HEALTH CARE COVERAGE FOR CHILD [INSURANCE]. |
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SECTION 4. Section 154.182, Family Code, is amended by |
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amending Subsections (a) and (b) and adding Subsections (b-1), |
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(b-2), and (b-3) to read as follows: |
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(a) The court shall consider the cost and quality of health |
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insurance coverage available to the parties and shall give priority |
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to health insurance coverage available through the employment of |
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one of the parties if the coverage is available at a reasonable |
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cost. |
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(b) In determining the manner in which health care coverage |
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[insurance] for the child is to be ordered, the court shall render |
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its order in accordance with the following priorities, unless a |
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party shows good cause why a particular order would not be in the |
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best interest of the child: |
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(1) if health insurance is available for the child |
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through a parent's [the obligor's] employment or membership in a |
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union, trade association, or other organization at reasonable cost |
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to the parent [obligor], the court shall order that parent [the
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obligor] to include the child in the parent's [obligor's] health |
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insurance; |
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(2) if health insurance is not available for the child |
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under Subdivision (1) [through the obligor's employment] but is |
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available to a parent from another source and [for the child] at a |
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reasonable cost [through the obligee's employment or membership in
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a union, trade association, or other organization], the court may |
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order that parent [the obligee] to provide health insurance for the |
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child[, and, in such event, shall order the obligor to pay
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additional child support to be withheld from earnings under Chapter
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158 to the obligee for the actual cost of the health insurance for
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the child]; or |
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(3) [if health insurance is not available for the
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child under Subdivision (1) or (2), the court shall order the
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obligor to provide health insurance for the child if the court finds
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that health insurance is available to the obligor for the child from
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another source and at reasonable cost;
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[(4)
if neither parent has access to private health
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insurance at a reasonable cost, the court shall order that the
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custodial parent or, to the extent permitted by law, the
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noncustodial parent immediately apply on behalf of the child for
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participation in a medical assistance program under Chapter 32,
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Human Resources Code, or the state child health plan under Chapter
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62, Health and Safety Code, and that the obligor pay additional
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child support, to be withheld from income under Chapter 158, to the
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obligee for the actual cost of participation of the child in the
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state child health plan; or
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[(5)] if health insurance coverage is not available |
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for the child under Subdivision (1) or[,] (2)[, (3), or (4)], the |
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court shall order the obligor to pay the obligee, in addition to any |
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amount ordered under the guidelines for child support, an [a
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reasonable] amount, not to exceed nine percent of the obligor's |
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monthly resources, [each month] as cash medical support for the |
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child [to be withheld from earnings under Chapter 158]. |
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(b-1) If the parent ordered to provide health insurance |
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under Subsection (b)(1) or (2) is the obligee, the court shall order |
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the obligor to pay the obligee, as additional child support, an |
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amount equal to the actual cost of health insurance for the child. |
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In calculating the actual cost of health insurance for the child, if |
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the obligee has other minor dependents covered under the same |
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health insurance plan, the court shall divide the total cost to the |
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obligee for the insurance by the total number of minor dependents, |
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including the child covered under the plan. |
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(b-2) If the court finds that neither parent has access to |
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private health insurance at a reasonable cost, the court shall |
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order the parent awarded the exclusive right to designate the |
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child's primary residence or, to the extent permitted by law, the |
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other parent to apply immediately on behalf of the child for |
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participation in a government medical assistance program or health |
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plan. If the child participates in a government medical assistance |
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program or health plan, the court shall order cash medical support |
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under Subsection (b)(3). |
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(b-3) An order requiring the payment of cash medical support |
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under Subsection (b)(3) must allow the obligor to discontinue |
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payment of the cash medical support if: |
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(1) health insurance for the child becomes available |
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to the obligor at a reasonable cost; and |
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(2) the obligor: |
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(A) enrolls the child in the insurance plan; and |
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(B) provides the obligee and, in a Title IV-D |
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case, the Title IV-D agency, the information required under Section |
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154.185. |
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SECTION 5. Section 154.183, Family Code, is amended to read |
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as follows: |
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Sec. 154.183. MEDICAL SUPPORT [HEALTH INSURANCE] |
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ADDITIONAL SUPPORT DUTY OF OBLIGOR. (a) An amount that an obligor |
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is ordered [required] to pay as medical support [for health
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insurance] for the child under this chapter, including the costs of |
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health insurance coverage or cash medical support under Section |
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154.182: |
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(1) is in addition to the amount that the obligor is |
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required to pay for child support under the guidelines for child |
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support; |
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(2) is a child support obligation; and |
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(3) may be enforced by any means available for the |
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enforcement of [as a] child support, including withholding from |
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earnings under Chapter 158 [obligation]. |
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(b) If the court finds and states in the child support order |
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that the obligee will maintain health insurance coverage for the |
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child at the obligee's expense, the court shall [may] increase the |
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amount of child support to be paid by the obligor in an amount not |
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exceeding the actual cost [total expense] to the obligee for |
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maintaining health insurance coverage, as provided under Section |
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154.182(b-1). |
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(c) As additional child support, the court shall allocate |
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between the parties, according to their circumstances, the |
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reasonable and necessary health care expenses of a child that are |
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not reimbursed by health insurance or are not otherwise covered by |
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the amount of cash medical support ordered under Section |
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154.182(b)(3). |
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SECTION 6. Subsection (a), Section 156.401, Family Code, is |
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amended to read as follows: |
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(a) Except as provided by Subsection (a-1) or (b), the court |
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may modify an order that provides for the support of a child, |
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including an order for health care coverage under Section 154.182, |
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if: |
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(1) the circumstances of the child or a person |
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affected by the order have materially and substantially changed |
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since the earlier of: |
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(A) the date of the order's rendition; or |
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(B) the date of the signing of a mediated or |
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collaborative law settlement agreement on which the order is based; |
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or |
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(2) it has been three years since the order was |
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rendered or last modified and the monthly amount of the child |
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support award under the order differs by either 20 percent or $100 |
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from the amount that would be awarded in accordance with the child |
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support guidelines. |
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SECTION 7. The change in law made by this Act applies to a |
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suit affecting the parent-child relationship pending in a trial |
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court on or filed on or after the effective date of this Act. |
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SECTION 8. This Act takes effect September 1, 2007. |
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