Bill Text: IA HF2414 | 2017-2018 | 87th General Assembly | Enrolled
Bill Title: A bill for an act relating to the provision of medical support in child support actions, and including effective date provisions. (Formerly HSB 629.) Effective 10-1-18.
Spectrum: Committee Bill
Status: (Passed) 2018-04-11 - Signed by Governor. H.J. 780. [HF2414 Detail]
Download: Iowa-2017-HF2414-Enrolled.html
House File 2414 - Enrolled
HOUSE FILE
BY COMMITTEE ON HUMAN
RESOURCES
(SUCCESSOR TO HSB 629)
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A BILL FOR
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House File 2414
AN ACT
RELATING TO THE PROVISION OF MEDICAL SUPPORT IN CHILD
SUPPORT ACTIONS, AND INCLUDING EFFECTIVE DATE PROVISIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 252C.1, subsection 6, Code 2018, is
amended to read as follows:
6. "Medical support" means either the provision of
coverage under a health benefit plan, including a group or
employment=related or an individual health benefit plan, or
a health benefit plan provided pursuant to chapter 514E, to
meet the medical needs of a dependent and the cost of any
premium required by a health benefit plan, or the payment to
the obligee of a monetary amount in lieu of providing coverage
under a health benefit plan, either of which is an obligation
separate from any monetary amount of child support ordered
to be paid. Medical support which consists of payment of
a monetary amount in lieu of a health benefit plan is also
an obligation separate from any monetary amount a parent is
ordered to pay for uncovered medical expenses pursuant to the
guidelines established pursuant to section 598.21B medical
support as defined in section 252E.1.
Sec. 2. Section 252E.1, Code 2018, is amended to read as
follows:
252E.1 Definitions.
As used in this chapter, unless the context otherwise
requires:
1. "Accessible" means any of the following, unless otherwise
provided in the support order:
a. The health benefit plan does not have service area
limitations or provides an option not subject to service area
limitations.
b. The health benefit plan has service area limitations and
the dependent lives within thirty miles or thirty minutes of a
network primary care provider.
2. "Basic coverage" means health care coverage provided
under a health benefit plan that at a minimum provides coverage
for emergency care, inpatient and outpatient hospital care,
physician services whether provided within or outside a
hospital setting, and laboratory and x=ray services.
3. "Cash medical support" means a monetary amount that
a parent is ordered to pay to the obligee in lieu of that
parent providing health care coverage, which amount is five
percent of the gross income of the parent ordered to pay the
monetary amount or, if the child support guidelines established
pursuant to section 598.21B specifically provide an alternative
income=based numeric standard for determining the amount,
the amount determined by the standard specified by the child
support guidelines. "Cash medical support" is an obligation
separate from any monetary amount a parent is ordered to pay
for uncovered medical expenses pursuant to the guidelines
established pursuant to section 598.21B.
3. 4. "Child" means a person for whom child or medical
support may be ordered pursuant to chapter 234, 239B, 252A,
252C, 252F, 252H, 252K, 598, 600B, or any other chapter of the
Code or pursuant to a comparable statute of another state or
foreign country.
4. 5. "Department" means the department of human services,
which includes but is not limited to the child support recovery
unit, or any comparable support enforcement agency of another
state.
5. 6. "Dependent" means a child, or an obligee for whom a
court may order health care coverage by a health benefit plan
pursuant to section 252E.3.
6. 7. "Enroll" means to be eligible for and covered by a
health benefit plan.
7. 8. "Health benefit plan" means any policy or contract
of insurance, indemnity, subscription or membership issued by
an insurer, health service corporation, health maintenance
organization, or any similar corporation, or organization, any
public coverage, or a any self=insured employee benefit plan,
for the purpose of covering medical expenses. These expenses
may include but are not limited to hospital, surgical, major
medical insurance, dental, optical, prescription drugs, office
visits, or any combination of these or any other comparable
health care expenses.
9. "Health care coverage" or "coverage" means providing and
paying for the medical needs of a dependent through a health
benefit plan.
8. 10. "Insurer" means any entity which, including a health
service corporation, health maintenance organization, or any
similar corporation or organization, or an employer offering
self=insurance, that provides a health benefit plan, but does
not include an entity that provides public coverage.
9. 11. "Medical support" means either the provision of a
health benefit plan, including a group or employment=related
or an individual health benefit plan, or a health benefit plan
provided pursuant to chapter 514E, to meet the medical needs
of a dependent and the cost of any premium required by a health
benefit plan, care coverage or the payment to the obligee of
a monetary amount in lieu of a health benefit plan, either
of which is an obligation separate from any monetary amount
of child cash medical support ordered to be paid. Medical
support "Medical support" is not alimony. Medical support which
consists of payment of a monetary amount in lieu of a health
benefit plan is also an obligation separate from any monetary
amount a parent is ordered to pay for uncovered medical
expenses pursuant to the guidelines established pursuant to
section 598.21B.
10. 12. "National medical support notice" means a notice
as prescribed under 42 U.S.C. {666(a)(19) or a substantially
similar notice, that is issued and forwarded by the department
in accordance with section 252E.4 to enforce medical support
the health care coverage provisions of a support order. The
national medical support notice is not applicable to a provider
of public coverage.
11. 13. "Obligee" means a parent or another natural person
legally entitled to receive a support payment on behalf of a
child.
12. 14. "Obligor" means a parent or another natural person
legally responsible for the support of a dependent.
13. 15. "Order" means a support order entered pursuant to
chapter 234, 252A, 252C, 252F, 252H, 252K, 598, 600B, or any
other support chapter, or pursuant to a comparable statute of
another state or foreign country, or an ex parte order entered
pursuant to section 252E.4. "Order" also includes a notice of
such an order issued by the department.
14. 16. "Plan administrator" means the employer or sponsor
that offers the health benefit plan or the person to whom the
duty of plan administrator is delegated by the employer or
sponsor offering the health benefit plan, by written agreement
of the parties. "Plan administrator" does not include a
provider of public coverage.
15. 17. "Primary care provider" means a physician who
provides primary care who is a family or general practitioner,
a pediatrician, an internist, an obstetrician, or a
gynecologist; an advanced registered nurse practitioner; or a
physician assistant.
18. "Public coverage" means health care benefits provided by
any form of federal or state medical assistance, including but
not limited to benefits provided under chapter 249A or 514I,
or under comparable laws of another state, foreign country, or
Indian nation or tribe.
19. "Unit" or "child support recovery unit" means unit as
defined in section 252B.1.
Sec. 3. Section 252E.1A, Code 2018, is amended to read as
follows:
252E.1A Establishing and modifying orders for medical
support.
1. This section shall apply to all initial or modified
orders for support entered under chapter 234, 252A, 252C, 252F,
252H, 598, 600B, or any other applicable chapter. If an action
to establish or modify an order for support is initiated by the
child support recovery unit, section 252E.1B shall also apply.
1. 2. An order or judgment that provides for temporary or
permanent support for a child shall include a provision for
medical support for the child as provided in this section.
2. 3. The court shall order as medical support for the
child health care coverage if a health benefit plan if other
than public coverage is available to either parent at the time
the order is entered or modified. A health benefit plan is
available if the plan is accessible and the cost of the plan is
reasonable.
a. The cost of a health benefit plan is considered
reasonable, and such amount shall be stated in the order, if
one of the following applies:
(1) The premium cost for a child to the parent ordered
to provide the plan coverage does not exceed five percent of
that parent's gross income or the child support guidelines
established pursuant to section 598.21B specifically provide an
alternative income=based numeric standard for determining the
reasonable cost of the premium, in which case the reasonable
cost of the premium as determined by the standard specified by
the child support guidelines shall apply.
(2) The premium cost for a child exceeds the amount
specified in subparagraph (1) and that parent consents or does
not object to entry of that order.
b. For purposes of this section, "gross income" has the same
meaning as gross income for calculation of support under the
guidelines established under section 598.21B.
c. For purposes of this section, "the premium cost for
a child to the parent" ordered to provide the plan coverage
means the amount of the premium cost for family coverage to
the parent which is in excess of the premium cost for single
coverage, regardless of the number of individuals covered under
the plan. However, this paragraph shall not be interpreted to
reduce the amount of the health insurance premium deduction
a parent may be entitled to when calculating the amount of a
child support obligation under Iowa court rule 9.5 of the child
support guidelines.
d. For purposes of this section, "family coverage" means
coverage that covers multiple individuals and covers or could
cover the child or children subject to the child support order.
3. 4. If a health benefit plan other than public coverage
is not available to either parent at the time of the entry
of the order, and the custodial parent does not have public
coverage for the child, the court shall order a reasonable
monetary cash medical support in an amount in lieu of a health
benefit plan, which amount shall be stated in the order. For
purposes of this subsection, a reasonable amount means five
percent of the gross income of the parent ordered to provide
the monetary amount for medical support or, if the child
support guidelines established pursuant to section 598.21B
specifically provide an alternative income=based numeric
standard for determining the reasonable amount, a reasonable
amount means the amount as determined by the standard specified
by the child support guidelines. This subsection shall not
apply in any of the following circumstances:
a. If the parent's monthly support obligation established
pursuant to the child support guidelines prescribed by the
supreme court pursuant to section 598.21B is the minimum
obligation amount. If this paragraph applies, the court shall
order the parent to provide a health benefit plan care coverage
when a plan becomes available for which there is no premium
cost for a child to the parent.
b. If subsection 7, paragraph "d", "e", or "f" applies the
noncustodial parent does not have income which may be subject
to income withholding for collection of cash medical support at
the time of the entry of the order. If this paragraph applies,
the court shall order the noncustodial parent to provide health
care coverage when a health benefit plan becomes available at
a reasonable cost, and the order shall specify the amount of
the reasonable cost as specified in subsection 3, paragraph "a",
subparagraph (1).
c. If the noncustodial parent is receiving assistance or
is residing with any child receiving assistance as provided
in section 252E.2A, subsection 1, paragraph "c", subparagraph
(3) or (4). If this paragraph applies, the court shall order
the noncustodial parent to provide health care coverage when
a health benefit plan becomes available for which there is no
premium cost for a child to the parent.
4. 5. If a health benefit plan other than public coverage
is not available to either parent at the time of the entry of
the order, and the custodial parent has public coverage for the
child, the court orders shall order the custodial parent to
provide a health benefit plan under subsection 2 care coverage,
and the court may also shall order the noncustodial parent to
provide a reasonable monetary pay cash medical support, which
amount in lieu of a health benefit plan shall be stated in the
order, unless an exception under subsection 4 applies. For
purposes of this subsection, a reasonable monetary amount means
an amount not to exceed the lesser of a reasonable amount as
described in subsection 3, or the premium cost of coverage for
the child to the custodial parent as described in subsection
2, paragraph "c".
5. 6. Notwithstanding the requirements of this section, the
court may order provisions in the alternative to those provided
in this section to address the health care needs of the child
if the court determines that extreme circumstances so require
and documents the court's written findings in the order.
6. 7. An order, decree, or judgment entered before July 1,
2009 October 1, 2018, that provides for the support of a child
may be modified in accordance with this section.
7. If the child support recovery unit is providing services
under chapter 252B and initiating an action to establish or
modify support, all of the following shall also apply:
a. If a health benefit plan is available as described in
subsection 2 to the noncustodial parent, the unit shall seek an
order for the noncustodial parent to provide the plan.
b. If a health benefit plan is available as described
in subsection 2 to the custodial parent and not to the
noncustodial parent, the unit shall seek an order for the
custodial parent to provide the plan.
c. If a health benefit plan is available as described in
subsection 2 to each parent, and if there is an order for joint
physical care, the unit shall seek an order for the parent
currently ordered to provide a health benefit plan to provide
the plan. If there is no current order for a health benefit
plan for the child, the unit shall seek an order for the parent
who is currently providing a health benefit plan to provide the
plan.
d. If a health benefit plan is not available, and the
noncustodial parent does not have income which may be subject
to income withholding for collection of a reasonable monetary
amount in lieu of a health benefit plan at the time of the
entry of the order, the unit shall seek an order that the
noncustodial parent provide a health benefit plan when a plan
becomes available at reasonable cost, and the order shall
specify the amount of reasonable cost as defined in subsection
2.
e. If a health benefit plan is not available, and the
noncustodial parent is receiving assistance or is residing with
any child receiving assistance as provided in section 252E.2A,
subsection 1, paragraph "c", subparagraph (3) or (4), the unit
shall seek an order that the noncustodial parent shall provide
a health benefit plan when a plan becomes available for which
there is no premium cost for a child to the parent.
f. This section shall not apply to chapter 252H, subchapter
IV.
Sec. 4. NEW SECTION. 252E.1B Establishing and modifying
orders for medical support == actions initiated by child support
recovery unit.
1. If the child support recovery unit is initiating an
action to establish or modify support, this section shall apply
in addition to the provisions of section 252E.1A.
2. The unit shall apply the following order of priority when
the unit enters or seeks an order for medical support:
a. If the custodial parent is currently providing coverage
for the child under a health benefit plan other than public
coverage, and the plan is available as described in section
252E.1A, subsection 3, the unit shall enter or seek an order
for the custodial parent to provide coverage.
b. If the noncustodial parent is currently providing
coverage for the child under a health benefit plan other than
public coverage, and the plan is available as described in
section 252E.1A, subsection 3, the unit shall enter or seek an
order for the noncustodial parent to provide coverage.
c. If a health benefit plan other than public coverage is
available as described in section 252E.1A, subsection 3, to the
custodial parent, the unit shall enter or seek an order for the
custodial parent to provide coverage.
d. If a health benefit plan other than public coverage is
available as described in section 252E.1A, subsection 3, to the
noncustodial parent, the unit shall enter or seek an order for
the noncustodial parent to provide coverage.
e. If a health benefit plan other than public coverage is
not available to either parent, and the custodial parent has
public coverage for the child, the unit shall enter or seek an
order for the custodial parent to provide health care coverage
and shall enter or seek an order for the noncustodial parent to
pay cash medical support. However, if any of the circumstances
described in section 252E.1A, subsection 4, paragraph "a",
"b", or "c" is met, the unit shall enter or seek an order as
specified by the applicable paragraph.
3. Notwithstanding subsection 2, if there is an order for
joint physical care for the child and the parties subject to
the support order, the unit shall apply the following order of
priority when the unit enters or seeks an order for medical
support:
a. If only one parent is currently providing coverage
for the child under a health benefit plan other than public
coverage, and the plan is available as described in section
252E.1A, subsection 3, the unit shall enter or seek an order
for that parent to provide coverage.
b. If both parents are currently providing coverage for the
child under a health benefit plan other than public coverage,
and both plans are available as described in section 252E.1A,
subsection 3, the unit shall enter or seek an order for both
parents to provide coverage.
c. If neither parent is currently providing coverage
for the child under a health benefit plan other than public
coverage, and a health benefit plan other than public coverage
is available as described in section 252E.1A, subsection 3,
to one parent, the unit shall enter or seek an order for that
parent to provide coverage.
d. If neither parent is currently providing coverage
for the child under a health benefit plan other than public
coverage, and a health benefit plan other than public coverage
is available as described in section 252E.1A, subsection 3, to
both parents, the unit shall enter or seek an order for both
parents to provide coverage.
e. If a health benefit plan other than public coverage
is not available to either parent and one parent has public
coverage for the child, the unit shall enter or seek an order
for that parent to provide health care coverage.
4. The child support recovery unit or the court shall not
order any modification to an existing medical support order
in a proceeding conducted solely pursuant to chapter 252H,
subchapter IV.
Sec. 5. Section 252E.2, subsection 1, Code 2018, is amended
to read as follows:
1. An order requiring the provision of coverage under a
health benefit plan other than public coverage is authorization
for enrollment of the dependent if the dependent is otherwise
eligible to be enrolled. The dependent's eligibility and
enrollment for coverage under such a plan shall be governed by
all applicable terms and conditions, including, but not limited
to, eligibility and insurability standards. The dependent, if
eligible, shall be provided the same coverage as the obligor.
Sec. 6. Section 252E.3, Code 2018, is amended to read as
follows:
252E.3 Health benefit care coverage of obligee.
For cases for which services are being provided pursuant
to chapter 252B, the order may require an obligor providing a
health benefit plan care coverage for a child to also provide a
health benefit plan care coverage for the benefit of an obligee
if the obligee is eligible for enrollment under the plan in
which the child or the obligor is enrolled, and if the plan
coverage for the obligee is available at no additional cost.
Sec. 7. Section 252E.4, subsection 1, Code 2018, is amended
to read as follows:
1. When a support order requires an obligor to provide
coverage under a health benefit plan other than public
coverage, the district court or the department may enter an
ex parte order directing an employer to take all actions
necessary to enroll an obligor's dependent for coverage under
a health benefit plan or may include the provisions in an ex
parte income withholding order or notice of income withholding
pursuant to chapter 252D. The child support recovery unit,
where appropriate, shall issue a national medical support
notice to an employer within two business days after the
date information regarding a newly hired employee is entered
into the centralized employee registry and matched with a
noncustodial parent in the case being enforced by the unit, or
upon receipt of other employment information for such parent.
The department may amend the information in the ex parte order
or may amend or terminate the national medical support notice
regarding health insurance provisions if necessary to comply
with health insurance requirements including but not limited to
the provisions of section 252E.2, subsection 2, or to correct
a mistake of fact.
Sec. 8. Section 252E.16, subsection 1, Code 2018, is amended
to read as follows:
1. The Unless otherwise specified, the provisions of this
chapter take effect July 1, 1990, for all support orders
entered pursuant to chapter 234, 252A, 252C, 598, or 600B.
Sec. 9. ADMINISTRATIVE RULES ==== TRANSITION. Until such
time as the department of human services adopts rules pursuant
to chapter 17A necessary to administer this Act, all of the
following shall apply:
1. The child support recovery unit may initiate proceedings
to establish and modify support orders in accordance with
chapter 252E, as amended in this Act.
2. The child support recovery unit may, to the extent
appropriate, apply and utilize procedures, rules, and forms
substantially similar to those applicable and utilized pursuant
to section 252E.1B, as enacted in this Act, for proceedings
initiated in accordance with section 252E.1A.
Sec. 10. EFFECTIVE DATE. This Act takes effect October 1,
2018.
LINDA UPMEYER
CHARLES SCHNEIDE
CARMINE BOAL
KIM REYNOLDS
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