|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
|
relating to requiring dental support for a child subject to a child |
|
support order. |
|
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 101.024(b), Family Code, is amended to |
|
read as follows: |
|
(b) 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) or to provide medical support or dental support for a |
|
child. |
|
SECTION 6. 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 7. Section 153.611, Family Code, is amended to read |
|
as follows: |
|
Sec. 153.611. EXCEPTION FOR CERTAIN TITLE IV-D PROCEEDINGS. |
|
Notwithstanding any other provision of this subchapter, this |
|
subchapter does not apply to a proceeding in a Title IV-D case |
|
relating to the determination of parentage or establishment, |
|
modification, or enforcement of a child support, [or] medical |
|
support, or dental support obligation. |
|
SECTION 8. 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 9. Section 154.015(c), Family Code, is amended to |
|
read as follows: |
|
(c) For purposes of this section, the court of continuing |
|
jurisdiction shall determine the amount of the unpaid child support |
|
obligation for each child of the deceased obligor. In determining |
|
the amount of the unpaid child support obligation, the court shall |
|
consider all relevant factors, including: |
|
(1) the present value of the total amount of monthly |
|
periodic child support payments that would become due between the |
|
month in which the obligor dies and the month in which the child |
|
turns 18 years of age, based on the amount of the periodic monthly |
|
child support payments under the child support order in effect on |
|
the date of the obligor's death; |
|
(2) the present value of the total amount of health |
|
insurance and dental insurance premiums payable for the benefit of |
|
the child from the month in which the obligor dies until the month |
|
in which the child turns 18 years of age, based on the cost of health |
|
insurance and dental insurance for the child ordered to be paid on |
|
the date of the obligor's death; |
|
(3) in the case of a disabled child under 18 years of |
|
age or an adult disabled child, an amount to be determined by the |
|
court under Section 154.306; |
|
(4) the nature and amount of any benefit to which the |
|
child would be entitled as a result of the obligor's death, |
|
including life insurance proceeds, annuity payments, trust |
|
distributions, social security death benefits, and retirement |
|
survivor benefits; and |
|
(5) any other financial resource available for the |
|
support of the child. |
|
SECTION 10. Section 154.016(b), Family Code, is amended to |
|
read as follows: |
|
(b) In determining the nature and extent of the obligation |
|
to provide for the support of the child in the event of the death of |
|
the obligor, the court shall consider all relevant factors, |
|
including: |
|
(1) the present value of the total amount of monthly |
|
periodic child support payments from the date the child support |
|
order is rendered until the month in which the child turns 18 years |
|
of age, based on the amount of the periodic monthly child support |
|
payment under the child support order; |
|
(2) the present value of the total amount of health |
|
insurance and dental insurance premiums payable for the benefit of |
|
the child from the date the child support order is rendered until |
|
the month in which the child turns 18 years of age, based on the cost |
|
of health insurance and dental insurance for the child ordered to be |
|
paid; and |
|
(3) in the case of a disabled child under 18 years of |
|
age or an adult disabled child, an amount to be determined by the |
|
court under Section 154.306. |
|
SECTION 11. Sections 154.062(d) and (e), Family Code, are |
|
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; |
|
(5) expenses for the cost of health insurance, dental |
|
insurance, or cash medical support for the obligor's child ordered |
|
by the court under Sections [Section] 154.182 and 154.1825; and |
|
(6) if the obligor does not pay social security taxes, |
|
nondiscretionary retirement plan contributions. |
|
(e) In calculating the amount of the deduction for health |
|
care or dental coverage for a child under Subsection (d)(5), if the |
|
obligor has other minor dependents covered under the same health or |
|
dental 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 12. 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 13. The heading to Subchapter D, Chapter 154, |
|
Family Code, is amended to read as follows: |
|
SUBCHAPTER D. MEDICAL SUPPORT AND DENTAL SUPPORT FOR CHILD |
|
SECTION 14. 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 1.5 percent of the obligor's annual resources, as |
|
described by Section 154.062(b), if the obligor is responsible |
|
under a dental support order for the cost of dental insurance |
|
coverage for only one child. If the obligor is responsible under a |
|
dental support order for the cost of dental insurance coverage for |
|
more than one child, "reasonable cost" means the total cost of |
|
dental insurance coverage for all children for which the obligor is |
|
responsible under a dental support order that does not exceed 1.5 |
|
percent of the obligor's annual resources, as described by Section |
|
154.062(b). |
|
(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 the obligor. |
|
(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 to the obligor. 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, the court shall, |
|
except for good cause shown, order dental insurance coverage for |
|
the child as provided by Section 154.1825. |
|
(e) On rendering a final order the court shall: |
|
(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. Subchapter D, Chapter 154, Family Code, is |
|
amended by adding Section 154.1825 to read as follows: |
|
Sec. 154.1825. DENTAL CARE COVERAGE FOR CHILD. (a) In |
|
this section: |
|
(1) "Accessibility" means the extent to which dental |
|
insurance coverage for a child provides for the availability of |
|
dental care within a reasonable traveling distance and time from |
|
the child's primary residence, as determined by the court. |
|
(2) "Reasonable cost" has the meaning assigned by |
|
Section 154.1815(a). |
|
(b) The court shall consider the cost, accessibility, 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 if the coverage is available at |
|
a reasonable cost to the obligor. |
|
(c) In determining the manner in which dental care coverage |
|
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 a parent's employment or membership in a union, trade |
|
association, or other organization at reasonable cost, the court |
|
shall 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 may order that parent to |
|
provide dental insurance for the child. |
|
(d) If the parent ordered to provide dental insurance under |
|
Subsection (c)(1) or (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 dental insurance for the child, but not |
|
to exceed a reasonable cost to the obligor. 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, 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. |
|
SECTION 16. Section 154.183, Family Code, is amended to |
|
read as follows: |
|
Sec. 154.183. MEDICAL AND DENTAL SUPPORT ADDITIONAL SUPPORT |
|
DUTY OF OBLIGOR. (a) 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. |
|
(b) 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, the court shall 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 [health insurance] coverage, as |
|
provided under Sections [Section] 154.182(b-1) and 154.1825(d). |
|
(c) As additional child support, the court shall 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 [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. 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 that 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 18. 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 19. The heading to Section 154.186, Family Code, is |
|
amended to read as follows: |
|
Sec. 154.186. NOTICE TO EMPLOYER CONCERNING MEDICAL SUPPORT |
|
OR DENTAL SUPPORT. |
|
SECTION 20. Section 154.186(a), Family Code, is amended to |
|
read as follows: |
|
(a) The obligee, obligor, or a child support agency of this |
|
state or another state 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 21. Sections 154.187(a), (b), (c), (d), (e), and |
|
(g), Family Code, are amended to read as follows: |
|
(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 40th day after the date the employer receives the |
|
order or notice, a statement that the child: |
|
(1) has been enrolled in the employer's health |
|
insurance plan or dental insurance plan, or is already enrolled in |
|
another health insurance plan or dental insurance plan in |
|
accordance with a previous child support, [or] medical support, or |
|
dental support order to which the employee is subject; or |
|
(2) cannot be enrolled or cannot be enrolled |
|
permanently in the employer's 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 or |
|
dental insurance membership card, and claim forms. |
|
(g) An employer who fails to enroll a child, fails to |
|
withhold or remit premiums or cash medical support, or |
|
discriminates in hiring or employment on the basis of a medical |
|
support order or notice or a dental support order or notice under |
|
this subchapter shall be subject to the penalties and fines in |
|
Subchapter C, Chapter 158. |
|
SECTION 22. Section 154.188, Family Code, is amended to |
|
read as follows: |
|
Sec. 154.188. FAILURE TO PROVIDE OR PAY FOR REQUIRED HEALTH |
|
INSURANCE OR DENTAL INSURANCE. 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: |
|
(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 23. 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 24. 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 25. 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 to provide for payment of uninsured health expenses, health |
|
care costs, [or] health insurance premiums, uninsured dental |
|
expenses, dental costs, or dental insurance premiums in a manner |
|
consistent with this subchapter. |
|
SECTION 26. 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 27. The heading to Section 154.193, Family Code, is |
|
amended to read as follows: |
|
Sec. 154.193. MEDICAL SUPPORT ORDER OR DENTAL SUPPORT ORDER |
|
NOT QUALIFIED. |
|
SECTION 28. 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 29. Sections 156.401(a) and (a-2), Family Code, are |
|
amended to read as follows: |
|
(a) Except as provided by Subsection (a-1), (a-2), 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 or an order for dental care coverage under Section |
|
154.1825, 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. |
|
(a-2) A court or administrative order for child support in a |
|
Title IV-D case may 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. 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 retains |
|
continuing jurisdiction to enforce the order, including by |
|
adjusting the amount of the periodic payments to be made by the |
|
obligor or the amount to be withheld from the obligor's disposable |
|
earnings, 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 31. 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 32. 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 33. 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 34. 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 35. 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 36. 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, and Title IV-D service fees |
|
authorized under Section 231.103 for which the obligor is |
|
responsible[,] have been paid. The writ issued under this |
|
subsection may be based on an obligation in more than one support |
|
order. |
|
SECTION 37. 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 38. 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, and Title IV-D service fees authorized under |
|
Section 231.103 for which the obligor is responsible[,] have been |
|
paid. |
|
SECTION 39. 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 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 40. 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 41. 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 42. 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 43. 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 44. 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 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 45. Section 231.123(a), Family Code, is amended to |
|
read as follows: |
|
(a) In order to maximize the amount of any tax refund to |
|
which an obligor may be entitled and which may be applied to child |
|
support, [and] medical support, and dental support obligations, the |
|
Title IV-D agency shall cooperate with volunteer income tax |
|
assistance programs in the state in informing obligors of the |
|
availability of the programs. |
|
SECTION 46. 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 47. 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 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 48. 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 49. 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 50. 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 51. Section 233.013(c), Family Code, is amended to |
|
read as follows: |
|
(c) Notwithstanding Subsection (b), the Title IV-D agency |
|
may, 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. 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, dental support, a |
|
determination of any arrearages or retroactive support, and, if not |
|
otherwise ordered, income withholding. |
|
SECTION 53. 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 54. 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 55. Section 848.006(c), Insurance Code, is amended |
|
to read as follows: |
|
(c) Subsection (a) does not apply to an individual: |
|
(1) who is required to obtain or maintain health |
|
benefit plan coverage: |
|
(A) written by an institution of higher education |
|
at which the individual is or will be enrolled as a student; or |
|
(B) under an order requiring medical support or |
|
dental support for a child; or |
|
(2) who voluntarily applies for benefits under a state |
|
administered program under Title XIX of the Social Security Act (42 |
|
U.S.C. Section 1396 et seq.), or Title XXI of the Social Security |
|
Act (42 U.S.C. Section 1397aa et seq.). |
|
SECTION 56. Section 1201.053(b), Insurance Code, is amended |
|
to read as follows: |
|
(b) On the application of an adult member of a family, an |
|
individual accident and health insurance policy may, at the time of |
|
original issuance or by subsequent amendment, insure two or more |
|
eligible members of the adult's family, including a spouse, |
|
unmarried children younger than 25 years of age, including a |
|
grandchild of the adult as described by Section 1201.062(a)(1), a |
|
child the adult is required to insure under a medical support order |
|
or dental support order, if the policy provides dental coverage, |
|
issued under Chapter 154, Family Code, or enforceable by a court in |
|
this state, and any other individual dependent on the adult. |
|
SECTION 57. Section 1201.062(a), Insurance Code, is amended |
|
to read as follows: |
|
(a) An individual or group accident and health insurance |
|
policy that is delivered, issued for delivery, or renewed in this |
|
state, including a policy issued by a corporation operating under |
|
Chapter 842, or 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 an insured or group member, on payment of a premium, must |
|
provide coverage for: |
|
(1) each grandchild of the insured or group member if |
|
the grandchild is: |
|
(A) unmarried; |
|
(B) younger than 25 years of age; and |
|
(C) a dependent of the insured or group member |
|
for federal income tax purposes at the time application for |
|
coverage of the grandchild is made; and |
|
(2) 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. Section 1201.063, Insurance Code, is amended to |
|
read as follows: |
|
Sec. 1201.063. PROHIBITION OF CERTAIN CRITERIA RELATING TO |
|
CHILD'S COVERAGE IN INDIVIDUAL OR GROUP POLICY. Regarding a |
|
natural or adopted child of an insured or group member or a 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, an individual or group accident and health |
|
insurance policy that provides coverage for a child of an insured or |
|
group member may not set a different premium for the child, exclude |
|
the child from coverage, or discontinue coverage of the child |
|
because: |
|
(1) the child does not reside with the insured or group |
|
member; or |
|
(2) the insured or group member does not claim the |
|
child as an exemption for federal income tax purposes under Section |
|
151(c) [151(c)(1)(B)], Internal Revenue Code of 1986. |
|
SECTION 59. The heading to Chapter 1504, Insurance Code, is |
|
amended to read as follows: |
|
CHAPTER 1504. MEDICAL AND DENTAL CHILD SUPPORT |
|
SECTION 60. Section 1504.001(4), Insurance Code, is amended |
|
to read as follows: |
|
(4) "Benefit [Health benefit] plan issuer" means: |
|
(A) an insurance company, group hospital service |
|
corporation, or health maintenance organization that delivers or |
|
issues for delivery an individual, group, blanket, or franchise |
|
insurance policy or agreement, a group hospital service contract, |
|
or an evidence of coverage that provides benefits for medical or |
|
surgical expenses incurred as a result of an accident or sickness, |
|
or dental expenses; |
|
(B) a governmental entity subject to Subchapter |
|
D, Chapter 1355, Subchapter C, Chapter 1364, Chapter 1578, Article |
|
3.51-1, 3.51-4, or 3.51-5, or Chapter 177, Local Government Code; |
|
(C) the issuer of a multiple employer welfare |
|
arrangement as defined by Section 846.001; or |
|
(D) the issuer of a group health plan as defined |
|
by Section 607, Employee Retirement Income Security Act of 1974 (29 |
|
U.S.C. Section 1167). |
|
SECTION 61. Section 1504.002(b), Insurance Code, is amended |
|
to read as follows: |
|
(b) The commissioner shall adopt rules that define |
|
"comparable health or dental coverage" in a manner that: |
|
(1) is consistent with federal law; and |
|
(2) complies with the requirements necessary to |
|
maintain federal Medicaid funding. |
|
SECTION 62. Section 1504.003, Insurance Code, is amended to |
|
read as follows: |
|
Sec. 1504.003. VIOLATION OF CHAPTER: RELIEF AVAILABLE TO |
|
INJURED PERSON. 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, |
|
Chapter 541. |
|
SECTION 63. The heading to Subchapter B, Chapter 1504, |
|
Insurance Code, is amended to read as follows: |
|
SUBCHAPTER B. DUTIES OF [HEALTH] BENEFIT PLAN ISSUER |
|
SECTION 64. Section 1504.051, Insurance Code, is amended to |
|
read as follows: |
|
Sec. 1504.051. ENROLLMENT OF CERTAIN CHILDREN REQUIRED. |
|
(a) A [health] benefit plan issuer shall 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) A [health] benefit plan issuer shall enroll a child of a |
|
parent described by Subsection (a) in dependent health or dental |
|
coverage offered through the issuer if: |
|
(1) the parent does not apply to obtain health or |
|
dental coverage for the child through the issuer; and |
|
(2) the child, a custodial parent of the child, or a |
|
child support agency having a duty to collect or enforce support for |
|
the child applies for the coverage. |
|
SECTION 65. Section 1504.052, Insurance Code, is amended to |
|
read as follows: |
|
Sec. 1504.052. CHILD RESIDING OUTSIDE SERVICE AREA; |
|
COMPARABLE HEALTH OR DENTAL COVERAGE REQUIRED. (a) A [health] |
|
benefit plan issuer may not deny 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) A [health] benefit plan issuer may not enforce 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) For a covered child who resides outside the [health] |
|
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, the issuer shall provide coverage that is comparable |
|
health or dental coverage to that provided to other dependents |
|
under the policy or plan. |
|
(d) Comparable health or dental coverage may include |
|
coverage in which a [health] benefit plan issuer uses different |
|
procedures for service delivery and health care provider |
|
reimbursement. Comparable health or dental coverage may not |
|
include coverage: |
|
(1) that is limited to emergency services only; or |
|
(2) for which the issuer charges a higher premium. |
|
SECTION 66. Section 1504.053, Insurance Code, is amended to |
|
read as follows: |
|
Sec. 1504.053. CANCELLATION OR NONRENEWAL OF COVERAGE FOR |
|
CERTAIN CHILDREN. (a) A [health] benefit plan issuer may not |
|
cancel or refuse to renew health or dental coverage provided to a |
|
child who is enrolled or entitled to enrollment under this chapter |
|
unless satisfactory written evidence is filed with the issuer |
|
showing that: |
|
(1) the court or administrative order that required |
|
the coverage is not in effect; or |
|
(2) the child: |
|
(A) is enrolled in comparable health or dental |
|
coverage; or |
|
(B) will be enrolled in comparable health or |
|
dental coverage that takes effect not later than the effective date |
|
of the cancellation or nonrenewal. |
|
(b) For purposes of this section, a child is not enrolled or |
|
entitled to enrollment under this chapter if the child's |
|
eligibility for health or dental coverage ends because the parent |
|
ceases to be eligible for dependent health or dental coverage. |
|
SECTION 67. Section 1504.054, Insurance Code, is amended to |
|
read as follows: |
|
Sec. 1504.054. CONTINUATION OR CONVERSION OF COVERAGE. |
|
(a) 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 the coverage for the child, the [health] benefit plan |
|
issuer shall notify the custodial parent and the child support |
|
agency of the costs and other requirements for continuing or |
|
converting the coverage. |
|
(b) The [health] benefit plan issuer shall, on application |
|
of a parent of the child, a child support agency, or the child, |
|
enroll or continue enrollment of a child whose eligibility for |
|
coverage ended under Subsection (a). |
|
SECTION 68. Section 1504.055, Insurance Code, is amended to |
|
read as follows: |
|
Sec. 1504.055. PROCEDURE FOR CLAIMS. (a) A [health] |
|
benefit plan issuer that provides health or dental coverage to a |
|
child through a covered parent of the child shall: |
|
(1) provide to each custodial parent of the child or to |
|
an adult child documents and other information necessary for the |
|
child to obtain benefits under the coverage, including: |
|
(A) the name of the issuer; |
|
(B) the number of the policy or evidence of |
|
coverage; |
|
(C) a copy of the policy or evidence of coverage |
|
and schedule of benefits; |
|
(D) a health or dental coverage membership card; |
|
(E) claim forms; and |
|
(F) any other document or information necessary |
|
to submit a claim in accordance with the issuer's policies and |
|
procedures; |
|
(2) permit a custodial parent, health care provider, |
|
state agency that has been assigned medical or dental support |
|
rights, or adult child to submit claims for covered services |
|
without the approval of the covered parent; and |
|
(3) make payments on covered claims submitted in |
|
accordance with this subsection directly to a custodial parent, |
|
health care or dental care provider, adult child, or state agency |
|
making a claim. |
|
(b) A [health] benefit plan issuer shall provide to a state |
|
agency that provides medical assistance, including medical |
|
assistance for dental services, to the child or shall 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. |
|
SECTION 69. Section 1504.101, Insurance Code, is amended to |
|
read as follows: |
|
Sec. 1504.101. DENIAL OF ENROLLMENT ON CERTAIN GROUNDS |
|
PROHIBITED. A [health] benefit plan issuer may not deny enrollment |
|
of a child under the health or dental coverage of the child's parent |
|
on the ground that the child: |
|
(1) has a preexisting condition; |
|
(2) was born out of wedlock; |
|
(3) is not claimed as a dependent on the parent's |
|
federal income tax return; |
|
(4) does not reside with the parent; or |
|
(5) receives or has applied for medical assistance. |
|
SECTION 70. Section 1504.102, Insurance Code, is amended to |
|
read as follows: |
|
Sec. 1504.102. ASSIGNMENT OF MEDICAL OR DENTAL SUPPORT |
|
RIGHTS: DIFFERENT REQUIREMENTS PROHIBITED. A [health] benefit |
|
plan issuer may not require a state agency that has been assigned |
|
the rights of an individual who is eligible for medical assistance |
|
and is covered for health or dental benefits from the issuer to |
|
comply with a requirement that is different from a requirement |
|
imposed on an agent or assignee of any other covered individual. |
|
SECTION 71. Section 402.085, Labor Code, is amended to read |
|
as follows: |
|
Sec. 402.085. EXCEPTIONS TO CONFIDENTIALITY. (a) The |
|
division shall release information on a claim to: |
|
(1) the Texas Department of Insurance for any |
|
statutory or regulatory purpose, including a research purpose under |
|
Chapter 405; |
|
(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 division; |
|
(4) 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; or |
|
(5) the office of injured employee counsel for any |
|
statutory or regulatory purpose that relates to a duty of that |
|
office as provided by Section 404.111(a). |
|
(b) The division 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 Chapter 231, Family Code. |
|
SECTION 72. (a) The changes in law made by this Act apply |
|
to a suit affecting the parent-child relationship filed on or after |
|
the effective date of this Act. 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, 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. This Act takes effect September 1, 2018. |
|
|
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* * * * * |