HLS 16RS-1058 ORIGINAL
2016 Regular Session
HOUSE BILL NO. 484
BY REPRESENTATIVE ROBERT JOHNSON
CHILDREN/SUPPORT: Provides for the provision of cash medical support when a family
receives support enforcement services
1 AN ACT
2To amend and reenact R.S. 9:315.4(B) and R.S. 46:236.1.1(2), and 236.1.2(L), relative to
3 child support; to provide with respect to obligations to provide health insurance; to
4 provide for cash medical support payments in certain cases; to provide for the
5 collection of payments to the Department of Children and Family Services under
6 certain circumstances; to provide definitions; and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 9:315.4(B) is hereby amended and reenacted to read as follows:
9 §315.4. Health insurance premiums; addition to basic obligation
10 * * *
11 B. In any case in which the department is providing support enforcement
12 services, the child support order shall require one or both of the parties to provide
13 medical support for the child in accordance with R.S. 46:236.1.2(L).
14 Section 2. R.S. 46:236.1.1(2), and 236.1.2(L) are hereby amended and reenacted to
15read as follows:
16 §236.1.1. Family and child support programs; definitions
17 For the purposes of this Subpart, the following items shall mean:
18 * * *
19 (2) "Cash medical support" means an amount ordered to be paid in a child
20 support order toward the cost of health insurance provided by a public entity, another
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 16RS-1058 ORIGINAL
HB NO. 484
1 parent, or person with whom the child resides, through employment or otherwise, or
2 for other medical costs not covered by insurance.
3 * * *
4 §236.1.2. Family and child support programs; responsibilities
5 * * *
6 L.(1) The department, when providing support enforcement services, shall
7 pursue an order to require one or both parties to provide medical support for the child
8 or children pursuant to R.S. 9:315.4. If private or public health insurance is not
9 available to either parent at a reasonable cost at the time the order is rendered, the
10 court shall order the party responsible for providing medical support to provide
11 private health insurance as soon as it becomes available at a reasonable rate cost. If
12 health insurance is not available to either parent at a reasonable cost, the court shall
13 order the noncustodial parent to provide cash medical support to the domiciliary
14 party.
15 (2) The court may order the noncustodial parent to provide cash medical
16 support until such time as health insurance is provided by the noncustodial parent.
17 Cash medical support may shall be set at an amount not to exceed five percent of the
18 noncustodial parent's gross income. An award for cash medical support shall be
19 separate from the child support order and shall not be included in the child support
20 calculations. When a child support order has been established, the court may order
21 each party to pay a percentage of the extraordinary medical expenses as provided in
22 R.S. 9:315.5 as cash medical support. If no child support order has been established,
23 the court may order each party to pay a percentage of the total medical expenses not
24 covered by insurance as cash medical support.
25 (3) Cash medical support payments shall be collected by the department and
26 distributed in accordance with the Code of Federal Regulations and the Louisiana
27 Administrative Code.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 16RS-1058 ORIGINAL
HB NO. 484
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 484 Original 2016 Regular Session Robert Johnson
Abstract: Provides for medical support for a child when the Dept. of Children and Family
Services is providing support enforcement services.
Present law permits a court to order either party to provide medical support for a child when
Dept. of Children and Family Services is providing support enforcement services.
Proposed law provides for obligations to provide health insurance and allows a court to order
a noncustodial parent to provide cash medical support until health insurance is provided by
the noncustodial parent.
Proposed law provides for cash medical support payments to be collected by DCFS and
distributed in accordance with the Code of Federal Regulations and the La. Administrative
Code.
(Amends R.S. 9:315.4(B), R.S. 46:236.1.1(2) and 236.1.2(L))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.