Bill Text: TX SB120 | 2011-2012 | 82nd Legislature | Engrossed

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Bill Title: Relating to requiring dental support for a child subject to a child support order.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2011-05-21 - Committee report sent to Calendars [SB120 Detail]

Download: Texas-2011-SB120-Engrossed.html

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By: Uresti S.B. No. 120

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. Subsection (e), Section 54.06, 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. Subsection (b), Section 101.024, 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. Subsection (c), Section 154.015, 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. Subsection (b), Section 154.016, 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. Subsections (d) and (e), Section 154.062,
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; and
(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.
(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.
(e) If the court finds that neither parent has access to
private dental insurance at a reasonable cost to the obligor, the
court shall order the parent awarded the exclusive right to
designate the child's primary residence or, to the extent permitted
by law, the other parent to apply immediately on behalf of the child
for participation in any government medical assistance program or
health plan that provides dental coverage.
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. Subsections (a) and (b), Section 154.184,
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. Subsection (a), Section 154.186, 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. Subsections (a) through (e), and (g), Section
154.187, 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 30th 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. Subsection (a), Section 154.193, 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. Subsection (a), Section 156.401, Family Code,
is amended to read as follows:
(a) Except as provided by Subsection (a-1) or (b), the court
may modify an order that provides for the support of a child,
including an order for health care coverage under Section 154.182
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.
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. Subsections (a) and (b), Section 158.206,
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. Subsection (c), Section 158.309, 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. Subsection (a), Section 158.312, 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. Subsection (a), Section 158.502, 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. Subsection (b), Section 158.504, 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. Subsection (c), Section 159.502, 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. Subsections (a) and (g), Section 231.0011,
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. Subsection (e), Section 231.002, 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. Subsection (a), Section 231.101, 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. Subsection (b), Section 231.104, 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. Subsection (a), Section 231.123, 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. Subsection (a), Section 231.301, 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. Subsection (a), Section 233.001, 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. Subsection (b), Section 233.009, 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. Subsection (b), Section 233.0095, 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. Subsection (a), Section 233.017, 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 52. 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 53. Subsection (a), Section 71.035, 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 54. Subsection (b), Section 1201.053, 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 55. Subsection (a), Section 1201.062, 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 56. 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)(1)(B), Internal Revenue Code of 1986.
SECTION 57. The heading to Chapter 1504, Insurance Code, is
amended to read as follows:
CHAPTER 1504. MEDICAL AND DENTAL CHILD SUPPORT
SECTION 58. Subdivision (4), Section 1504.001, 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 59. Subsection (b), Section 1504.002, 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 60. 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 61. The heading to Subchapter B, Chapter 1504,
Insurance Code, is amended to read as follows:
SUBCHAPTER B. DUTIES OF [HEALTH] BENEFIT PLAN ISSUER
SECTION 62. 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 63. 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 64. 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 65. 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 66. 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 67. 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 68. 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 69. 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.
(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 70. (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, 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 71. This Act takes effect September 1, 2011.