Bill Text: MI SB0928 | 2023-2024 | 102nd Legislature | Chaptered
Bill Title: Family law: paternity; medical expenses related to birth of a child born out of wedlock paid by Medicaid; modify. Amends sec. 2 of 1956 PA 205 (MCL 722.712).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2024-10-09 - Assigned Pa 0136'24 [SB0928 Detail]
Download: Michigan-2023-SB0928-Chaptered.html
Act No. 136
Public Acts of 2024
Approved by the Governor
October 8, 2024
Filed with the Secretary of State
October 8, 2024
EFFECTIVE DATE: Sine Die
(91st day after final adjournment of the 2024 Regular Session)
state of michigan
102nd Legislature
Regular session of 2024
Introduced by Senator Anthony
ENROLLED SENATE BILL No. 928
AN ACT to amend 1956 PA 205, entitled “An act to confer upon circuit courts jurisdiction over proceedings to compel and provide support of children born out of wedlock; to prescribe the procedure for determination of such liability; to authorize agreements providing for furnishing of such support and to provide for the enforcement thereof; and to prescribe penalties for the violation of certain provisions of this act,” by amending section 2 (MCL 722.712), as amended by 2009 PA 235.
The People of the State of Michigan enact:
Sec. 2. (1) The parents of a child born out of wedlock are liable for all of the following:
(a) The medical expenses connected to the mother’s pregnancy.
(b) The medical expenses connected to the birth of the child.
(c) The necessary support and education of the child.
(d) The child’s funeral expenses.
(2) If Medicaid has not paid a medical expense described in subsection (1)(a) or (b), on request from a parent, the court in an action brought under this act shall do all of the following:
(a) If the court determines the expense to be reasonable and necessary, apportion the expense between the parents based on each parent’s ability to pay and on any other relevant factor, in the same manner as health care expenses of a child are divided under the child support formula established under section 19 of the friend of the court act, 1982 PA 294, MCL 552.519.
(b) In the court’s discretion, if 1 parent has paid the expense, require the parent who did not pay the expense to pay the parent’s share of the expense to the other parent.
(c) In the court’s discretion, at the request of a person other than a parent who has paid the expense, order a parent against whom the request is made to pay to the person the parent’s share of the expense.
(d) On request from a parent, require an itemized bill for the expense before making an apportionment under this subsection.
(3) If a pregnancy or a complication of a pregnancy has been
determined in another proceeding to have been the result of either a physical
or sexual battery by a party to the case, the court shall apportion the medical
expenses described in subsection (1)(a) and (b) to the party who was the
perpetrator of the battery.
(4) A court order entered under subsection (2) must provide that if the father marries the mother after the birth of the child and provides a copy of the marriage license or other documentation of the marriage to the friend of the court, the father’s obligation for payment of any unpaid medical expense described in subsection (1)(a) or (b) is abated subject to reinstatement after notice and hearing for good cause shown, including, but not limited to, dissolution of the marriage. An expense abated under this subsection is abated as of the date that documentation of the marriage is provided to the friend of the court.
(5) An order that provides for the payment of a medical expense connected to a mother’s pregnancy or a child’s birth entered by the court in an action under this act on or before October 1, 2004 must be considered by operation of law to provide for the abatement of any such medical expense that remains unpaid if the father marries the mother. An abatement under this subsection must be implemented under the same circumstances and enforced in the same manner as an abatement of expenses under subsection (4).
(6) The court shall admit in proceedings under this act a bill for funeral expenses or for expenses connected to the mother’s pregnancy or the birth of the child, or actuarially based case rates as determined by the department of community health, without third party foundation testimony. A bill or case rates admitted under this subsection are prima facie evidence of the relevant funeral or medical expense.
(7) This section does not prohibit the department of community health from seeking reimbursement of expenses from a party or other person, including an insurer, by a legal procedure other than an action under this act.
(8) If the father of a child born out of wedlock dies, an order of filiation or a judicially approved settlement made before his death is enforceable against his estate in the same manner and way as a divorce decree.
(9) As used in this section, “Medicaid” means the medical assistance program administered by this state under section 105 of the social welfare act, 1939 PA 280, MCL 400.105.
Secretary of the Senate
Clerk of the House of Representatives
Approved___________________________________________
____________________________________________________
Governor
