Connecticut 2013 Regular Session

Connecticut House Bill HB06369 Compare Versions

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1-General Assembly Substitute Bill No. 6369
2-January Session, 2013 *_____HB06369HS____040313____*
1+General Assembly Raised Bill No. 6369
2+January Session, 2013 LCO No. 3025
3+ *03025_______HS_*
4+Referred to Committee on HUMAN SERVICES
5+Introduced by:
6+(HS)
37
48 General Assembly
59
6-Substitute Bill No. 6369
10+Raised Bill No. 6369
711
812 January Session, 2013
913
10-*_____HB06369HS____040313____*
14+LCO No. 3025
15+
16+*03025_______HS_*
17+
18+Referred to Committee on HUMAN SERVICES
19+
20+Introduced by:
21+
22+(HS)
1123
1224 AN ACT CONCERNING CHILD SUPPORT AND ENFORCEMENT.
1325
1426 Be it enacted by the Senate and House of Representatives in General Assembly convened:
1527
1628 Section 1. Subdivision (2) of subsection (a) of section 17b-745 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
1729
1830 (2) (A) The court or family support magistrate shall include in each support order in a IV-D support case a provision for the health care coverage of the child. Such provision may include an order for either parent or both parents to provide such coverage under any or all of [clauses (i), (ii) or (iii)] subparagraph (A)(i), (A)(ii) or (A)(iii) of this [subparagraph] subdivision.
1931
2032 (i) The provision for health care coverage may include an order for either parent to name any child as a beneficiary of any medical or dental insurance or benefit plan carried by such parent or available to such parent at a reasonable cost, as described in [clause (iv)] subparagraph (A)(iv) of this [subparagraph] subdivision. If such order requires the parent to maintain insurance available through an employer, the order shall be enforced using a National Medical Support Notice as provided in section 46b-88.
2133
2234 (ii) The provision for health care coverage may include an order for either parent to: (I) Apply for and maintain coverage on behalf of the child under the HUSKY Plan, Part B; or (II) provide cash medical support, as described in [clauses (v) and (vi)] subparagraphs (A)(v) and (A)(vi) of this [subparagraph] subdivision. An order under this clause shall be made only if the cost to the parent obligated to maintain coverage under the HUSKY Plan, Part B, or provide cash medical support is reasonable as described in [clause (iv)] subparagraph (A)(iv) of this [subparagraph] subdivision. An order under [subclause (I)] subparagraph (A)(ii)(I) of this [clause] subdivision shall be made only if insurance coverage as described in [clause (i)] subparagraph (A)(i) of this [subparagraph] subdivision is unavailable at reasonable cost to either parent, or inaccessible to the child.
2335
2436 (iii) An order for payment of the child's medical and dental expenses, other than those described in [subclause (II) of clause (v)] subparagraph (A)(v)(II) of this [subparagraph] subdivision, that are not covered by insurance or reimbursed in any other manner shall be entered in accordance with the child support guidelines established pursuant to section 46b-215a.
2537
2638 (iv) Health care coverage shall be deemed reasonable in cost if: [(I) The] Such health care coverage does not exceed five per cent of the gross income of the parent obligated to maintain such coverage. [would qualify as a low-income obligor under] Gross income shall be determined in accordance with the child support guidelines established pursuant to section 46b-215a, based solely on such parent's income. [, and the cost does not exceed five per cent of such parent's net income; or (II) the parent obligated to maintain such coverage would not qualify as a low-income obligor under such guidelines and the cost does not exceed seven and one-half per cent of such parent's net income. In either case, net income shall be determined in accordance with the child support guidelines established pursuant to section 46b-215a.] If a parent obligated to maintain insurance must obtain coverage for himself or herself to comply with the order to provide coverage for the child, reasonable cost shall be determined based on the combined cost of coverage for such parent and such child.
2739
2840 (v) Cash medical support means: (I) An amount ordered to be paid toward the cost of premiums for health insurance coverage provided by a public entity, including the HUSKY Plan, Part A or Part B, except as provided in [clause (vi)] subparagraph (A)(vi) of this [subparagraph] subdivision, or by another parent through employment or otherwise, or (II) an amount ordered to be paid, either directly to a medical provider or to the person obligated to pay such provider, toward any ongoing extraordinary medical and dental expenses of the child that are not covered by insurance or reimbursed in any other manner, provided such expenses are documented and identified specifically on the record. Cash medical support, as [described in subclauses (I) and (II)] defined in subparagraphs (A)(v)(I) and (A)(v)(II) of this [clause] subdivision, may be ordered in lieu of an order under [clause (i)] subparagraph (A)(i) of this [subparagraph] subdivision to be effective until such time as health insurance that is accessible to the child and reasonable in cost becomes available, or in addition to an order under [clause (i)] subparagraph (A)(i) of this [subparagraph] subdivision, provided the total cost to the obligated parent of insurance and cash medical support is reasonable, as described in [clause (iv)] subparagraph (A)(iv) of this [subparagraph] subdivision. An order for cash medical support shall be payable to the state or the custodial party, as their interests may appear, provided an order under [subclause (I)] subparagraph (A)(v)(I) of this [clause] subdivision shall be effective only as long as health insurance coverage is maintained. Any unreimbursed medical and dental expenses not covered by an order issued pursuant to [subclause (II)] subparagraph (A)(v)(II) of this [clause] subdivision are subject to an order for unreimbursed medical and dental expenses pursuant to [clause (iii)] subparagraph (A)(iii) of this [subparagraph] subdivision.
2941
3042 (vi) Cash medical support to offset the cost of any insurance payable under the HUSKY Plan, Part A or Part B, shall not be ordered against a noncustodial parent who is a low-income obligor, as defined in the child support guidelines established pursuant to section 46b-215a, or against a custodial parent of children covered under the HUSKY Plan, Part A or Part B.
3143
3244 (B) Whenever an order of the Superior Court or family support magistrate is issued against a parent to cover the cost of such medical or dental insurance or benefit plan for a child who is eligible for Medicaid benefits, and such parent has received payment from a third party for the costs of such services but such parent has not used such payment to reimburse, as appropriate, either the other parent or guardian or the provider of such services, the Department of Social Services may request the court or family support magistrate to order the employer of such parent to withhold from the wages, salary or other employment income of such parent to the extent necessary to reimburse the Department of Social Services for expenditures for such costs under the Medicaid program, except that any claims for current or past-due child support shall take priority over any such claims for the costs of such services.
3345
3446 Sec. 2. Section 29-1g of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
3547
36-The Commissioner of Emergency Services and Public Protection may appoint not more than six persons nominated by the Commissioner of Social Services as special [policemen] police officers in the Bureau of Child Support Enforcement of the Department of Social Services for the service of any warrant or capias mittimus issued by the courts on child support matters. Such appointees, having been sworn, shall serve at the pleasure of the Commissioner of Emergency Services and Public Protection and, during such tenure, shall have all the powers conferred on state [policemen] police officers and state marshals, including access to all systemic resources available to state police officers.
48+The Commissioner of Emergency Services and Public Protection may appoint not more than six persons nominated by the Commissioner of Social Services as special policemen in the Bureau of Child Support Enforcement of the Department of Social Services for the service of any warrant or capias mittimus issued by the courts on child support matters. Such appointees, having been sworn, shall serve at the pleasure of the Commissioner of Emergency Services and Public Protection and, during such tenure, shall have all the powers conferred on state [policemen] police officers and state marshals, including access to all systemic resources available to state police officers.
3749
3850 Sec. 3. Subdivision (2) of subsection (f) of section 46b-84 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
3951
4052 (2) The court shall include in each support order a provision for the health care coverage of the child who is subject to the provisions of subsection (a) or (b) of this section. Such provision may include an order for either parent or both parents to provide such coverage under any or all of subparagraphs (A), (B) or (C) of this subdivision.
4153
4254 (A) The provision for health care coverage may include an order for either parent to name any child as a beneficiary of any medical or dental insurance or benefit plan carried by such parent or available to such parent at a reasonable cost, as described in subparagraph (D) of this subdivision. If such order in a IV-D support case requires the parent to maintain insurance available through an employer, the order shall be enforced using a National Medical Support Notice as provided in section 46b-88.
4355
4456 (B) The provision for health care coverage may include an order for either parent to: (i) Apply for and maintain coverage on behalf of the child under the HUSKY Plan, Part B; or (ii) provide cash medical support, as described in subparagraphs (E) and (F) of this subdivision. An order under this subparagraph shall be made only if the cost to the parent obligated to maintain the coverage under the HUSKY Plan, Part B, or provide cash medical support is reasonable, as described in subparagraph (D) of this subdivision. An order under [clause (i)] subparagraph (B)(i) of this [subparagraph] subdivision shall be made only if insurance coverage as described in subparagraph (A) of this subdivision is unavailable at reasonable cost to either parent, or inaccessible to the child.
4557
46-(C) An order for payment of the child's medical and dental expenses, other than those described in [clause (ii) of] subparagraph [(E)] (E)(ii) of this subdivision, that are not covered by insurance or reimbursed in any other manner shall be entered in accordance with the child support guidelines established pursuant to section 46b-215a.
58+(C) An order for payment of the child's medical and dental expenses, other than those described [in clause (ii) of] subparagraph [(E)] (E)(ii) of this subdivision, that are not covered by insurance or reimbursed in any other manner shall be entered in accordance with the child support guidelines established pursuant to section 46b-215a.
4759
4860 (D) Health care coverage shall be deemed reasonable in cost if: [(i) The] Such health care coverage does not exceed five per cent of the gross income of the parent obligated to maintain such coverage. [would qualify as a low-income obligor under] Gross income shall be determined in accordance with the child support guidelines established pursuant to section 46b-215a, based solely on such parent's income. [, and the cost does not exceed five per cent of such parent's net income; or (ii) the parent obligated to maintain such coverage would not qualify as a low-income obligor under such guidelines and the cost does not exceed seven and one-half per cent of such parent's net income. In either case, net income shall be determined in accordance with the child support guidelines established pursuant to section 46b-215a.] If a parent obligated to maintain insurance must obtain coverage for himself or herself to comply with the order to provide coverage for the child, reasonable cost shall be determined based on the combined cost of coverage for such parent and such child.
4961
5062 (E) Cash medical support means: (i) An amount ordered to be paid toward the cost of premiums for health insurance coverage provided by a public entity, including the HUSKY Plan, Part A or Part B, except as provided in subparagraph (F) of this subdivision, or by another parent through employment or otherwise, or (ii) an amount ordered to be paid, either directly to a medical provider or to the person obligated to pay such provider, toward any ongoing extraordinary medical and dental expenses of the child that are not covered by insurance or reimbursed in any other manner, provided such expenses are documented and identified specifically on the record. Cash medical support, as described in [clauses (i) and (ii) of this subparagraph] subparagraphs (E)(i) and (E)(ii) of this subdivision may be ordered in lieu of an order under subparagraph (A) of this subdivision to be effective until such time as health insurance that is accessible to the child and reasonable in cost becomes available, or in addition to an order under subparagraph (A) of this subdivision, provided the combined cost of insurance and cash medical support is reasonable, as defined in subparagraph (D) of this subdivision. An order for cash medical support shall be payable to the state or the custodial party, as their interests may appear, provided an order under [clause (i)] subparagraph (E)(i) of this [subparagraph] subdivision shall be effective only as long as health insurance coverage is maintained. Any unreimbursed medical and dental expenses not covered by an order issued pursuant to [clause (ii)] subparagraph (E)(ii) of this [subparagraph] subdivision are subject to an order for unreimbursed medical and dental expenses pursuant to subparagraph (C) of this subdivision.
5163
5264 (F) Cash medical support to offset the cost of any insurance payable under the HUSKY Plan, Part A or Part B, shall not be ordered against a noncustodial parent who is a low-income obligor, as defined in the child support guidelines established pursuant to section 46b-215a, or against a custodial parent of children covered under the HUSKY Plan, Part A or Part B.
5365
5466 Sec. 4. Subdivision (2) of subsection (a) of section 46b-171 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
5567
5668 (2) In addition, the court or family support magistrate shall include in each support order in a IV-D support case a provision for the health care coverage of the child. Such provision may include an order for either parent or both parents to provide such coverage under any or all of subparagraphs (A), (B) or (C) of this subdivision.
5769
5870 (A) The provision for health care coverage may include an order for either parent to name any child as a beneficiary of any medical or dental insurance or benefit plan carried by such parent or available to such parent at a reasonable cost as described in subparagraph (D) of this subdivision. If such order requires the parent to maintain insurance available through an employer, the order shall be enforced using a National Medical Support Notice as provided in section 46b-88.
5971
6072 (B) The provision for health care coverage may include an order for either parent to: (i) Apply for and maintain coverage on behalf of the child under the HUSKY Plan, Part B; or (ii) provide cash medical support, as described in subparagraphs (E) and (F) of this subdivision. An order under this subparagraph shall be made only if the cost to the parent obligated to maintain coverage under the HUSKY Plan, Part B, or provide cash medical support is reasonable, as described in subparagraph (D) of this subdivision. An order under [clause (i)] subparagraph (B)(i) of this [subparagraph] subdivision shall be made only if insurance coverage as described in subparagraph (A) of this subdivision is unavailable at reasonable cost to either parent, or inaccessible to the child.
6173
6274 (C) An order for payment of the child's medical and dental expenses, other than those described in [clause (ii) of] subparagraph [(E)] (E)(ii) of this subdivision, that are not covered by insurance or reimbursed in any other manner shall be entered in accordance with the child support guidelines established pursuant to section 46b-215a.
6375
6476 (D) Health care coverage shall be deemed reasonable in cost if: [(i) The] Such health care coverage does not exceed five per cent of the gross income of the parent obligated to maintain such coverage. [would qualify as a low-income obligor under] Gross income shall be determined in accordance with the child support guidelines established pursuant to section 46b-215a, based solely on such parent's income. [, and the cost does not exceed five per cent of such parent's net income; or (ii) the parent obligated to maintain such coverage would not qualify as a low-income obligor under such guidelines and the cost does not exceed seven and one-half per cent of such parent's net income. In either case, net income shall be determined in accordance with the child support guidelines established pursuant to section 46b-215a.] If a parent obligated to maintain insurance must obtain coverage for himself or herself to comply with the order to provide coverage for the child, reasonable cost shall be determined based on the combined cost of coverage for such parent and such child.
6577
66-(E) Cash medical support means (i) an amount ordered to be paid toward the cost of premiums for health insurance coverage provided by a public entity, including the HUSKY Plan, Part A or Part B, except as provided in subparagraph (F) of this subdivision, or by another parent through employment or otherwise, or (ii) an amount ordered to be paid, either directly to a medical provider or to the person obligated to pay such provider, toward any ongoing extraordinary medical and dental expenses of the child that are not covered by insurance or reimbursed in any other manner, provided such expenses are documented and identified specifically on the record. Cash medical support, as described in [clauses (i) and (ii) of this subparagraph] subparagraphs (E)(i) and (E)(ii) of this subdivision, may be ordered in lieu of an order under subparagraph (A) of this subdivision to be effective until such time as health insurance that is accessible to the child and reasonable in cost becomes available, or in addition to an order under subparagraph (A) of this subdivision, provided the total cost to the obligated parent of insurance and cash medical support is reasonable, as described in subparagraph (D) of this subdivision. An order for cash medical support shall be payable to the state or the custodial party, as their interests may appear, provided an order under [clause (i) of this] subparagraph (E)(i) of this subdivision shall be effective only as long as health insurance coverage is maintained. Any unreimbursed medical and dental expenses not covered by an order pursuant to [clause (ii) of this] subparagraph (E)(ii) of this subdivision are subject to an order for unreimbursed medical and dental expenses pursuant to subparagraph (C) of this subdivision.
78+(E) Cash medical support means (i) an amount ordered to be paid toward the cost of premiums for health insurance coverage provided by a public entity, including the HUSKY Plan, Part A or Part B, except as provided in subparagraph (F) of this subdivision, or by another parent through employment or otherwise, or (ii) an amount ordered to be paid, either directly to a medical provider or to the person obligated to pay such provider, toward any ongoing extraordinary medical and dental expenses of the child that are not covered by insurance or reimbursed in any other manner, provided such expenses are documented and identified specifically on the record. Cash medical support, as described in [clauses (i) and (ii) of this subparagraph] subparagraphs (E)(i) and (E)(ii) of this subdivision, may be ordered in lieu of an order under subparagraph (A) of this subdivision to be effective until such time as health insurance that is accessible to the child and reasonable in cost becomes available, or in addition to an order under subparagraph (A) of this subdivision, provided the total cost to the obligated parent of insurance and cash medical support is reasonable, as described in subparagraph (D) of this subdivision. An order for cash medical support shall be payable to the state or the custodial party, as their interests may appear, provided an order under [clause (i) of this] subparagraph (E)(ii) of this subdivision shall be effective only as long as health insurance coverage is maintained. Any unreimbursed medical and dental expenses not covered by an order pursuant to [clause (ii) of this] subparagraph (E)(ii) of this subdivision are subject to an order for unreimbursed medical and dental expenses pursuant to subparagraph (C) of this subdivision.
6779
6880 (F) Cash medical support to offset the cost of any insurance payable under the HUSKY Plan, Part A or Part B, shall not be ordered against a noncustodial parent who is a low-income obligor, as defined in the child support guidelines established pursuant to section 46b-215a, or against a custodial parent of children covered under the HUSKY Plan, Part A or Part B.
6981
7082 Sec. 5. Subdivision (2) of subsection (a) of section 46b-215 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
7183
7284 (2) Any such support order in a IV-D support case shall include a provision for the health care coverage of the child. Such provision may include an order for either parent or both parents to provide such coverage under any or all of subparagraphs (A), (B) or (C) of this subdivision.
7385
7486 (A) The provision for health care coverage may include an order for either parent to name any child as a beneficiary of any medical or dental insurance or benefit plan carried by such parent or available to such parent at a reasonable cost, as defined in subparagraph (D) of this subdivision. If such order requires the parent to maintain insurance available through an employer, the order shall be enforced using a National Medical Support Notice as provided in section 46b-88.
7587
7688 (B) The provision for health care coverage may include an order for either parent to: (i) Apply for and maintain coverage on behalf of the child under the HUSKY Plan, Part B; or (ii) provide cash medical support, as described in subparagraphs (E) and (F) of this subdivision. An order under this subparagraph shall be made only if the cost to the parent obligated to maintain coverage under the HUSKY Plan, Part B, or provide cash medical support is reasonable, as defined in subparagraph (D) of this subdivision. An order under [clause (i) of this] subparagraph (B)(i) of this subdivision shall be made only if insurance coverage as described in subparagraph (A) of this subdivision is unavailable at reasonable cost to either parent, or inaccessible to the child.
7789
7890 (C) An order for payment of the child's medical and dental expenses, other than those described in [clause (ii) of] subparagraph [(E)] (E)(ii) of this subdivision, that are not covered by insurance or reimbursed in any other manner shall be entered in accordance with the child support guidelines established pursuant to section 46b-215a.
7991
8092 (D) Health care coverage shall be deemed reasonable in cost if: [(i) The] Such health care coverage does not exceed five per cent of the gross income of the parent obligated to maintain such coverage. [would qualify as a low-income obligor under] Gross income shall be determined in accordance with the child support guidelines established pursuant to section 46b-215a, based solely on such parent's income. [, and the cost does not exceed five per cent of such parent's net income; or (ii) the parent obligated to maintain such coverage would not qualify as a low-income obligor under such guidelines and the cost does not exceed seven and one-half per cent of such parent's net income. In either case, net income shall be determined in accordance with the child support guidelines established pursuant to section 46b-215a.] If a parent obligated to maintain insurance must obtain coverage for himself or herself to comply with the order to provide coverage for the child, reasonable cost shall be determined based on the combined cost of coverage for such parent and such child.
8193
8294 (E) Cash medical support means (i) an amount ordered to be paid toward the cost of premiums for health insurance coverage provided by a public entity, including the HUSKY Plan, Part A or Part B, except as provided in subparagraph (F) of this subdivision, or by another parent through employment or otherwise, or (ii) an amount ordered to be paid, either directly to a medical provider or to the person obligated to pay such provider, toward any ongoing extraordinary medical and dental expenses of the child that are not covered by insurance or reimbursed in any other manner, provided such expenses are documented and identified specifically on the record. Cash medical support, as described in [clauses (i) and (ii) of this subparagraph] subparagraphs (E)(i) and (E)(ii) of this subdivision, may be ordered in lieu of an order under subparagraph (A) of this subdivision to be effective until such time as health insurance that is accessible to the child and reasonable in cost becomes available, or in addition to an order under subparagraph (A) of this subdivision, provided the total cost to the obligated parent of insurance and cash medical support is reasonable, as described in subparagraph (D) of this subdivision. An order for cash medical support shall be payable to the state or the custodial party, as their interests may appear, provided an order under [clause (i) of this] subparagraph (E)(i) of this subdivision shall be effective only as long as health insurance coverage is maintained. Any unreimbursed medical and dental expenses not covered by an order issued pursuant to [clause (ii) of this] subparagraph (E)(ii) of this subdivision are subject to an order for unreimbursed medical and dental expenses pursuant to subparagraph (C) of this subdivision.
8395
8496 (F) Cash medical support to offset the cost of any insurance payable under the HUSKY Plan, Part A or Part B, shall not be ordered against a noncustodial parent who is a low-income obligor, as defined in the child support guidelines established pursuant to section 46b-215a, or against a custodial parent of children covered under the HUSKY Plan, Part A or Part B.
8597
8698 Sec. 6. Subsection (d) of section 52-56 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
8799
88-(d) The execution or service of any capias issued pursuant to section 52-143 or 54-2a or any warrant or capias mittimus issued by a court or family support magistrate in a family support matter may be made in any precinct in the state by any state marshal of any precinct, [or] any special [policeman] police officer appointed under section 29-1g, as amended by this act, or any judicial marshal authorized under section 46b-225, having such capias, warrant or capias mittimus, or a copy thereof made by any photographic, micrographic, electronic imaging or other process, which clearly and accurately copies such original document, in his or her hands for service.
100+(d) The execution or service of any capias issued pursuant to section 52-143 or 54-2a or any warrant or capias mittimus issued by a court or family support magistrate in a family support matter may be made in any precinct in the state by any state marshal of any precinct, [or] any special policeman appointed under section 29-1g, as amended by this act, or any judicial marshal authorized under section 46b-225, having such capias, warrant or capias mittimus, or a copy thereof made by any photographic, micrographic, electronic imaging or other process, which clearly and accurately copies such original document, in his or her hands for service.
89101
90102
91103
92104
93105 This act shall take effect as follows and shall amend the following sections:
94106 Section 1 October 1, 2013 17b-745(a)(2)
95107 Sec. 2 October 1, 2013 29-1g
96108 Sec. 3 October 1, 2013 46b-84(f)(2)
97109 Sec. 4 October 1, 2013 46b-171(a)(2)
98110 Sec. 5 October 1, 2013 46b-215(a)(2)
99111 Sec. 6 October 1, 2013 52-56(d)
100112
101113 This act shall take effect as follows and shall amend the following sections:
102114
103115 Section 1
104116
105117 October 1, 2013
106118
107119 17b-745(a)(2)
108120
109121 Sec. 2
110122
111123 October 1, 2013
112124
113125 29-1g
114126
115127 Sec. 3
116128
117129 October 1, 2013
118130
119131 46b-84(f)(2)
120132
121133 Sec. 4
122134
123135 October 1, 2013
124136
125137 46b-171(a)(2)
126138
127139 Sec. 5
128140
129141 October 1, 2013
130142
131143 46b-215(a)(2)
132144
133145 Sec. 6
134146
135147 October 1, 2013
136148
137149 52-56(d)
138150
151+Statement of Purpose:
139152
153+To establish a uniform reasonable health care cost in child support cases and to broaden access to the criminal history of child support defendants by special officers serving them civil arrest warrants.
140154
141-HS Joint Favorable Subst.
142-
143-HS
144-
145-Joint Favorable Subst.
155+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]