AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Currently, children subject to child support orders only receive dental support if ordered by the court or specified by the parties involved. The purpose of S.B. 550 is to provide dental support for children who are subject to a child support order if it can be obtained at a reasonable cost.
S.B. 550 defines "reasonable cost" as the cost of dental insurance premiums that do not exceed 1.5 percent of the obligor's annual resources. That ceiling remains the same, if an obligor is responsible for more than one child under a support order.
Dental insurance will be considered a child support obligation and enforceable by the same means available to the enforcement of child support, including withholding of wages.
The bill takes effect on September 1, 2018, to give the Office of the Attorney General adequate time to modify their systems and processes.
S.B. 550 amends current law relating to requiring dental support for a child subject to a child support order.
RULEMAKING AUTHORITY
Rulemaking authority previously granted to the commissioner of insurance is modified in SECTION 61 (Section 1504.002, Insurance Code) of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 54.06(e), Family Code, as follows:
(e) Requires the court to apply the child support guidelines under Subchapter C (Child Support Guidelines), Chapter 154 (Child Support), in an order requiring the payment of child support under this section. Requires the court to also require in an order to pay child support under this section that health insurance and dental insurance be provided for the child. Provides that Subchapter D (Medical Support for Child), Chapter 154, applies to an order requiring health insurance and dental insurance for a child under this section.
SECTION 2. Amends Section 101.006, Family Code, to redefine "child support services."
SECTION 3. Amends Chapter 101, Family Code, by adding Sections 101.0094 and 101.0095, as follows:
Sec. 101.0094. DENTAL INSURANCE. Defines "dental insurance."
Sec. 101.0095. DENTAL SUPPORT. Defines "dental support."
SECTION 4. Amends Section 101.012, Family Code, to redefine "employer."
SECTION 5. Amends Section 101.024(b), Family Code, as follows:
(b) Provides that, for purposes of establishing, determining the terms of, modifying, or enforcing an order, a reference in this title to a parent includes a person ordered to pay child support under Section 154.001(a-1) (authorizing the court to order each person who is financially able and whose parental rights have been terminated with respect to either a child in substitute care for whom the department has been appointed managing conservator or a child who was conceived as a direct result of conduct that constitutes certain offenses the Penal Code, to support the child in the manner specified by the order) or to provide medical support or dental support for a child.
SECTION 6. Amends Section 101.034, Family Code, to include a dental support obligation in the services provided by a "Title IV-D case."
SECTION 7. Amends Section 153.611, Family Code, to make a conforming change.
SECTION 8. Amends Section 154.008, Family Code, as follows:
Sec. 154.008. New heading: PROVISION FOR MEDICAL SUPPORT AND DENTAL SUPPORT. Requires the court to order medical support and dental support for the child as provided by Subchapters B (Computing Net Resources Available for Payment of Child Support) and D.
SECTION 9. Amends Section 154.015(c), Family Code, to include dental insurance in the determination of the unpaid child support obligation for each child of a deceased obligor.
SECTION 10. Amends Section 154.016(b), Family Code, to make conforming changes.
SECTION 11. Amends Sections 154.062(d) and (e), Family Code, as follows:
(d) Requires the court to deduct expenses for the cost of health insurance, dental insurance, or cash medical support for the obligor's child ordered by the court under Sections 154.182 (Health Care Coverage for Child) and 154.1825 from resources to determine the net resources available for child support.
(e) Requires the court, in calculating the amount of the deduction for health care or dental coverage for a child under Subsection (d), if the obligor has other minor dependents covered under the same health or dental insurance plan, to 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 12. Amends Section 154.064, Family Code, as follows:
Sec.154.064. New heading: MEDICAL SUPPORT AND DENTAL SUPPORT FOR CHILD PRESUMPTIVELY PROVIDED BY OBLIGOR. Includes dental support in the calculations for child support by the court in accordance with certain guidelines.
SECTION 13. Amends the heading to Subchapter D, Chapter 154, Family Code, to read as follows:
SUBCHAPTER D. MEDICAL SUPPORT AND DENTAL SUPPORT FOR CHILD
SECTION 14. Amends Subchapter D, Chapter 154, Family Code, by adding Section 154.1815, as follows:
Sec. 154.1815. DENTAL SUPPORT ORDER. (a) Defines "reasonable cost" in this section.
(b) Requires the court, in a suit affecting the parent-child relationship or in a proceeding under Chapter 159 (Uniform Interstate Family Support Act), to render an order for the dental support of the child as provided by this section and Section 154.1825.
(c) Requires the court, before a hearing on temporary orders, or a final order if no hearing on temporary orders is held, to 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. Requires the parties, if dental insurance is not in effect for the child, to disclose to the court whether either parent has access to dental insurance at a reasonable cost to the obligor.
(d) Requires the court, in rendering temporary orders, to, 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 is prohibited from requiring the continuation of any dental insurance that is not available to the parent at a reasonable cost to the obligor. Requires the court, if dental insurance coverage is not in effect for the child or if the insurance in effect is not available at a reasonable cost to the obligor, to, except for good cause shown, order dental insurance coverage for the child as provided by Section 154.1825.
(e) Requires the court, on rendering a final order, to:
(1) make specific findings with respect to the manner in which dental insurance coverage is to be provided for the child, in accordance with the priorities identified under Section 154.1825; and
(2) except for good cause shown or on agreement of the parties, 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 15. Amends Subchapter D, Chapter 154, Family Code, by adding Section 154.1825, as follows:
Sec. 154.1825. DENTAL CARE COVERAGE FOR CHILD. (a) Defines "accessibility" and "reasonable cost" in this section.
(b) Requires the court to consider the cost, accessibility, and quality of dental insurance coverage available to the parties and to give priority to dental insurance coverage available through the employment of one of the parties if the coverage is available at a reasonable cost to the obligor.
(c) Requires the court, in determining the manner in which dental care coverage for the child is to be ordered, to 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 a parent's employment or membership in a union, trade association, or other organization at reasonable cost, the court is required to order that parent to include the child in the parent's dental insurance; or
(2) if dental insurance is not available for the child under Subdivision (1) but is available to a parent from another source and at a reasonable cost, the court is authorized to order that parent to provide dental insurance for the child.
(d) Requires the court, if the parent ordered to provide dental insurance under Subsection (c)(1) or (2) is the obligee, to order the obligor to pay the obligee, as additional child support, an amount equal to the actual cost of dental insurance for the child, but not to exceed a reasonable cost to the obligor. Requires the court, in calculating the actual cost of dental insurance for the child, if the obligee has other minor dependents covered under the same dental insurance plan, to divide the total cost to the obligee for the insurance by the total number of minor dependents, including the child covered under the plan.
SECTION 16. Amends Section 154.183, Family Code, as follows:
Sec. 154.183. New heading: MEDICAL AND DENTAL SUPPORT ADDITIONAL SUPPORT DUTY OF OBLIGOR. (a) Provides that an amount that an obligor is ordered to pay as medical support or dental support for the child under this chapter, including the costs of health insurance coverage or cash medical support under Section 154.182 and the costs of dental insurance under Section 154.1825:
(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 child support, including withholding from earnings under Chapter 158 (Withholding from Earnings for Child Support).
(b) Requires the court, if the court finds and states in the child support order that the obligee will maintain health insurance coverage, dental insurance coverage, or both, for the child at the obligee's expense, to increase the amount of child support to be paid by the obligor in an amount not exceeding the actual cost to the obligee for maintaining the coverage, as provided under Sections 154.182(b-1) (requiring the court, if the parent ordered to provide health insurance is the obligee, to order the obligor to pay the obligee, as additional child support, an amount equal to the actual cost of health insurance for the child, but not to exceed a reasonable cost to the obligor) and 154.1825(d). Makes nonsubstantive and conforming changes.
(c) Requires the court, as additional child support, to allocate between the parties, according to their circumstances:
(1) the reasonable and necessary health care expenses, including vision and dental expenses, of the child that are not reimbursed by health or dental insurance or are not otherwise covered by the amount of cash medical support ordered under Section 154.182, rather than 154.182(b)(3); and
(2) amounts paid by either party as deductibles or copayments in obtaining health care or dental care services for the child covered under a health insurance or dental insurance policy.
SECTION 17. Amends Sections 154.184(a) and (b), Family Code, as follows:
(a) Requires that receipt of a medical support order requiring that health insurance be provided for a child or a dental support order requiring that dental insurance be provided for a child 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) Requires the employer, if the employee or member is eligible for dependent health coverage or dependent dental coverage, to 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 18. Amends Section 154.185, Family Code, as follows:
Sec. 154.185. PARENT TO FURNISH INFORMATION. (a) Requires the court to 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) and (2) Makes no changes to these subdivisions;
(3) with regard to health insurance:
(A) Creates this paragraph from existing text, and makes no further change to this paragraph;
(B)-(D) Makes nonsubstantive changes;
(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) Requires the court to 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 19. Amends the heading to Section 154.186, Family Code, to read as follows:
Sec. 154.186. NOTICE TO EMPLOYER CONCERNING MEDICAL SUPPORT OR DENTAL SUPPORT.
SECTION 20. Amends Section 154.186(a), Family Code, to make conforming changes.
SECTION 21. Amends Sections 154.187(a), (b), (c), (d), (e), and (g), Family Code, to include dental insurance, dental insurance coverage, dental insurance plan, dental insurance premium, dental insurance carrier, or dental support order in the provisions of Subsections (a)-(e) and (g) of this section relating to the duties of the employer of an obligor.
SECTION 22. Amends Section 154.188, Family Code, as follows:
Sec. 154.188. New heading: FAILURE TO PROVIDE OR PAY FOR REQUIRED HEALTH INSURANCE OR DENTAL INSURANCE. Provides that a parent ordered to provide health insurance or dental insurance or to pay the other parent additional child support for the cost of health insurance or dental insurance who fails to do so is liable for certain expenses, including dental expenses and dental insurance premiums.
SECTION 23. Amends Section 154.189, Family Code, as follows:
Sec. 154.189. NOTICE OF TERMINATION OR LAPSE OF INSURANCE COVERAGE. (a) Requires an obligor ordered to provide dental insurance coverage for a child to notify the obligee and any child support agency enforcing a child support obligation against the obligor of the termination of lapse of dental insurance coverage and availability of additional dental insurance to the obligor not later than the 15th day after the date the insurance becomes available.
(b) Makes conforming changes.
SECTION 24. Amends Section 154.190, Family Code, to make conforming changes.
SECTION 25. Amends Section 154.191, Family Code, as follows:
Sec. 154.191. REMEDY NOT EXCLUSIVE. (a) Provides that 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) Provides that this subchapter does not limit the authority of the court to render or modify a medical support order or dental support order to provide for payment of uninsured health expenses, health care costs, health insurance premiums, uninsured dental expenses, dental costs, or dental insurance premiums in a manner consistent with this subchapter.
SECTION 26. Amends Section 154.192, Family Code, as follows:
Sec. 154.192. CANCELLATION OR ELIMINATION OF INSURANCE COVERAGE FOR CHILD. Prohibits the employer from canceling or eliminating coverage of a child enrolled under this subchapter until the employer is provided satisfactory written evidence that the child is enrolled in comparable insurance coverage, rather than 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 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.
SECTION 27. Amends the heading to Section 154.193, Family Code, to read as follows:
Sec. 154.193. MEDICAL SUPPORT ORDER OR DENTAL SUPPORT ORDER NOT QUALIFIED.
SECTION 28. Amends Section 154.193(a), Family Code, to authorize the tribunal to, on its own motion or the motion of a party, render an order that qualifies for enforcement under federal law 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.
SECTION 29. Amends Sections 156.401(a) and (a-2), Family Code, as follows:
(a) Authorizes the court, except as provided by Subsection (a-1) (authorizing the court to modify a child support order under certain circumstances), (a-2), or (b) (authorizing a support order to be modified relating to obligations accruing after the earlier of the date of service of citation or an appearance in the suit to modify), to modify an order that provides for the support of a child, including an order for health care coverage under Section 154.182 or an order for dental care coverage under Section 154.1825, if certain criteria has been met.
(a-2) Authorizes a court or administrative order for child support in a Title IV-D case to be modified at any time, and without a showing of material and substantial change in the circumstances of the child or a person affected by the order, to provide for medical support or dental support of the child if the order does not provide health care coverage as required under Section 154.182 or dental care coverage as required under Section 154.1825.
SECTION 30. Amends Section 157.269, Family Code, to include dental support in the court order providing the payment of child support and to provide that the court retain continuing jurisdiction to enforce the order.
SECTION 31. Amends Sections 158.206(a) and (b), Family Code, to include dental insurance in an order or writ of withholding received by an employer, and relating to the employer's liability.
SECTION 32. Amends Section 158.302, Family Code, to include dental support in the required statement in the notice of application for judicial writ of withholding.
SECTION 33. Amends Section 158.309(c), Family Code, to include dental support in a courts order for income withholding.
SECTION 34. Amends Section 158.312(a), Family Code, to include dental support in the notice of application for judicial writ of withholding filed with the clerk of the court.
SECTION 35. Amends Section 158.314, Family Code, to include dental support in the contents of judicial writ of income withholding issued by the clerk.
SECTION 36. Amends Section 158.502(a), Family Code, to include dental support in an administrative writ of withholding authorized by a Title IV-D agency.
SECTION 37. Amends Section 158.504(b), Family Code, to make a conforming and nonsubstantive change.
SECTION 38. Amends Section 158.507, Family Code, to include dental support in an administrative writ terminating withholding.
SECTION 39. Amends Section 159.502(c), Family Code, to include dental support and dental insurance coverage in specified terms of a withholding order regarding funds the employer is required to withhold and distribute.
SECTION 40. Amends the heading to Section 231.0011, Family Code, to read as follows:
Sec. 231.0011. DEVELOPMENT OF STATEWIDE INTEGRATED SYSTEM FOR CHILD SUPPORT, MEDICAL SUPPORT, AND DENTAL SUPPORT ENFORCEMENT.
SECTION 41. Amends Sections 231.0011(a) and (g), Family Code, as follows:
(a) Includes dental support enforcement in the integral system for child support required to be developed and implemented by the Title IV-D agency.
(g) Makes a conforming change.
SECTION 42. Amends Section 231.002(e), Family Code, to make a conforming and nonsubstantive change.
SECTION 43. Amends Section 231.101(a), Family Code, to make conforming and nonsubstantive changes.
SECTION 44. Amends Section 231.104(b), Family Code, to make a conforming and nonsubstantive change.
SECTION 45. Amends Section 231.123(a), Family Code, to make a conforming and nonsubstantive change.
SECTION 46. Amends Section 231.301(a), Family Code, to make a conforming and nonsubstantive change.
SECTION 47. Amends Section 231.306, Family Code, as follows:
Sec. 231.306. New heading: MAXIMIZING MEDICAL SUPPORT AND DENTAL SUPPORT ESTABLISHMENT AND COLLECTION BY THE TITLE IV-D AGENCY. (a) Makes a conforming change.
(b) Defines "dental support" in this section.
SECTION 48. Amends Section 233.001(a), Family Code, to include dental support obligations in a child support review process.
SECTION 49. Amends Section 233.009(b), Family Code, to make a conforming and nonsubstantive change.
SECTION 50. Amends Section 233.0095(b), Family Code, to make a conforming and nonsubstantive change.
SECTION 51. Amends Section 233.013(c), Family Code, as follows:
(c) Authorizes the Title IV-D agency, notwithstanding Subsection (b) (authorizing the Title IV-D agency to file an appropriate child support review order, including an order that has the effect of modifying an existing court or administrative order for child support), to, at any time and without a showing of material and substantial change in the circumstances of the parties, file a child support review order that has the effect of modifying an existing order for child support to provide medical support or dental support for a child if the existing order does not provide health care coverage for the child as required under Section 154.182 or dental care coverage for the child as required under Section 154.1825.
SECTION 52. Amends Section 233.017(a), Family Code, to make a conforming change.
SECTION 53. Amends Section 234.002, Family Code, as follows:
Sec. 234.002. New heading: INTEGRATED SYSTEM FOR CHILD SUPPORT, MEDICAL SUPPORT, AND DENTAL SUPPORT ENFORCEMENT. Requires that the statewide integrated system for child support, medical support, and dental support enforcement under Chapter 231 (Title IV-D Services) be part of the state case registry and state disbursement unit authorized by this subchapter.
SECTION 54. Amends Section 71.035(a), Government Code, as follows:
(a) Requires the Texas Judicial Council (TJC) to implement a monthly tracking system to ensure accountability for counties and courts which participate in the statewide integrated system for child support, medical support, and dental support enforcement established under Section 231.0011 (Development of Statewide Integrated System for Child Support and Medical Support Enforcement), Family Code.
SECTION 55. Amends Section 848.006(c), Insurance Code, as follows:
(c) Provides that Subsection (a) (providing that an individual may not be required to obtain or maintain coverage under an individual health insurance policy written through a health care collaborative) does not apply to an individual who is required to obtain or maintain health benefit plan coverage under an order requiring medical support or dental support for a child.
SECTION 56. Amends Section 1201.053(b), Insurance Code, to include a required dental support order in an individual accident and health insurance policy, if the policy provides dental coverage, on the application of an adult member of a family.
SECTION 57. Amends Section 1201.062(a), Insurance Code, to require that a certain individual or group accident and health insurance policy provide coverage for certain children, including each child for whom the insured or group member must provide medical support or dental support, if the policy provides dental coverage, under an order issued under Chapter 154, Family Code, or enforceable by a court in this state.
SECTION 58. Amends Section 1201.063, Insurance Code, to include required dental support for a natural or adopted child in an individual or group policy, of the policy provides dental coverage, and prohibits the policy from setting a different premium for the child, excluding the child, or discontinuing coverage of the child because of certain circumstances.
SECTION 59. Amends the heading to Chapter 1504, Insurance Code, to read as follows:
CHAPTER 1504. MEDICAL AND DENTAL CHILD SUPPORT
SECTION 60. Amends Section 1504.001(4), Insurance Code, to change a reference to "health benefit plan issuer" to "benefit plan issuer" and further amend that definition.
SECTION 61. Amends Section 1504.002(b), Insurance Code, to require the commissioner of insurance to adopt rules that define "comparable health or dental coverage" in a manner that is consistent with federal law, and complies with the requirements necessary to maintain federal Medicaid funding.
SECTION 62. Amends Section 1504.003, Insurance Code, as follows:
Sec. 1504.003. VIOLATION OF CHAPTER: RELIEF AVAILABLE TO INJURED PERSON. Provides that a benefit plan issuer, rather than a health benefit plan issuer, that violates this chapter is subject to the same penalties, and an injured person has the same rights and remedies, as those provided by Subchapter D (Private Action for Damages), Chapter 541 (Unfair Methods of Competition and Unfair or Deceptive Acts of Practices).
SECTION 63. Amends the heading to Subchapter B, Chapter 1504, Insurance Code, to read as follows:
SUBCHAPTER B. DUTIES OF BENEFIT PLAN ISSUER
SECTION 64. Amends Section 1504.051, Insurance Code, as follows:
Sec. 1504.051. ENROLLMENT OF CERTAIN CHILDREN REQUIRED. (a) Requires a benefit plan issuer, rather than a health benefit plan issuer, to permit a parent to enroll a child in dependent health or dental coverage offered through the issuer regardless of any enrollment period restriction if the parent is:
(1) eligible for dependent health or dental coverage; and
(2) required by a court order or administrative order to provide health or dental insurance coverage for the child.
(b) Requires a benefit plan issuer to enroll a child of a parent described by Subsection (a) in dependent health or dental coverage offered through the issuer if the parent does not apply to obtain health or dental coverage for the child through the issuer. Makes a conforming change.
SECTION 65. Amends Section 1504.052, Insurance Code, as follows:
Sec. 1504.052. New heading: CHILD RESIDING OUTSIDE SERVICE AREA; COMPARABLE HEALTH OR DENTAL COVERAGE REQUIRED. (a) Prohibits a benefit plan issuer, rather than a health benefit plan issuer, from denying enrollment of a child under the health or dental coverage of the child's parent on the ground that the child does not reside in the issuer's service area.
(b) Prohibits a benefit plan issuer from enforcing an otherwise applicable provision of the health or dental coverage that would deny, limit, or reduce payment of a claim for a covered child who resides outside the issuer's service area but inside the United States.
(c) Requires the issuer, for a covered child who resides outside the benefit plan issuer's service area and whose coverage under a policy or plan is required by a medical support order or dental support order, to provide coverage that is comparable health or dental coverage to that provided to other dependents under the policy or plan.
(d) Provides that comparable health or dental coverage may include coverage in which a benefit plan issuer uses different procedures for service delivery and health care provider reimbursement. Prohibits comparable health or dental coverage from including coverage that is limited to emergency services only or for which the issuer charges a higher premium. Makes conforming changes.
SECTION 66. Amends Section 1504.053, Insurance Code, to include dental coverage in coverage that is prohibited from cancellation or nonrenewal for certain children, and to make a conforming change.
SECTION 67. Amends Section 1504.054, Insurance Code, to require a benefit plan issuer, if a child's eligibility for dependent health or dental coverage ends because the parent ceases to be eligible for the coverage and the coverage provides for the continuation or conversion of coverage for the child, to notify the custodial parent and the child support agency of the costs and other requirements for continuing or converting of coverage, and to make conforming changes.
SECTION 68. Amends Section 1504.055, Insurance Code, as follows:
Sec. 1504.055. PROCEDURE FOR CLAIMS. (a) Requires a benefit plan issuer that provides health or dental coverage to a child through a covered parent of the child, to provide certain information, including a health or dental coverage membership card.
(b) Requires a benefit plan issuer to provide to a state agency that provides medical assistance, including medical assistance for dental services, to the child or to provide to a child support agency that enforces medical or dental support on behalf of a child the information necessary to obtain reimbursement of medical or dental services provided to or paid on behalf of the child. Makes a conforming change.
SECTION 69. Amends Section 1504.101, Insurance Code, to make conforming changes.
SECTION 70. Amends Section 1504.102, Insurance Code, as follows:
Sec. 1504.102. New heading: ASSIGNMENT OF MEDICAL OR DENTAL SUPPORT RIGHTS: DIFFERENT REQUIREMENTS PROHIBITED. Makes conforming changes.
SECTION 71. Amends Section 402.085, Labor Code, as follows:
Sec. 402.085. EXCEPTIONS TO CONFIDENTIALITY. (a) Requires the division of workers' compensation (division) of the Texas Department of Insurance to release information on a claim to certain entities, including to 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 establishing, modifying, or enforcing a child support, medical support, or dental support obligation.
(b) Authorizes the division to release information on a claim to a governmental agency, political subdivision, or regulatory body to use or to assess financial resources in an action, including an administrative action, to establish, modify, or enforce a child support, medical support, or dental support obligation.
SECTION 72. (a) Makes application of this Act prospective.
(b) Provides that the change in law made by this Act does not by itself constitute a material and substantial change of circumstances under Section 156.401 (Grounds for Modification of Child Support), Family Code, as amended by this Act, 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.
SECTION 73. Effective date: September 1, 2018.