Texas 2011 - 82nd Regular

Texas Senate Bill SB120 Compare Versions

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1	1	By: Uresti S.B. No. 120
2	2	(Lozano)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to requiring dental support for a child subject to a child
8	8	support order.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subsection (e), Section 54.06, Family Code, is
11	11	amended to read as follows:
12	12	(e) The court shall apply the child support guidelines under
13	13	Subchapter C, Chapter 154, in an order requiring the payment of
14	14	child support under this section. The court shall also require in
15	15	an order to pay child support under this section that health
16	16	insurance and dental insurance be provided for the child.
17	17	Subchapter D, Chapter 154, applies to an order requiring health
18	18	insurance and dental insurance for a child under this section.
19	19	SECTION 2. Section 101.006, Family Code, is amended to read
20	20	as follows:
21	21	Sec. 101.006. CHILD SUPPORT SERVICES. "Child support
22	22	services" means administrative or court actions to:
23	23	(1) establish paternity;
24	24	(2) establish, modify, or enforce child support, [or]
25	25	medical support, or dental support obligations;
26	26	(3) locate absent parents; or
27	27	(4) cooperate with other states in these actions and
28	28	any other action authorized or required under Part D of Title IV of
29	29	the federal Social Security Act (42 U.S.C. Section 651 et seq.) or
30	30	Chapter 231.
31	31	SECTION 3. Chapter 101, Family Code, is amended by adding
32	32	Sections 101.0094 and 101.0095 to read as follows:
33	33	Sec. 101.0094. DENTAL INSURANCE. "Dental insurance" means
34	34	insurance coverage that provides preventive dental care and other
35	35	dental services, including usual dentist services, office visits,
36	36	examinations, X-rays, and emergency services, that may be provided
37	37	through a single-service health maintenance organization or other
38	38	private or public organization.
39	39	Sec. 101.0095. DENTAL SUPPORT. "Dental support" means
40	40	periodic payments or a lump-sum payment made under an order to cover
41	41	dental expenses, including dental insurance coverage, incurred for
42	42	the benefit of a child.
43	43	SECTION 4. Section 101.012, Family Code, is amended to read
44	44	as follows:
45	45	Sec. 101.012. EMPLOYER. "Employer" means a person,
46	46	corporation, partnership, workers' compensation insurance carrier,
47	47	governmental entity, the United States, or any other entity that
48	48	pays or owes earnings to an individual. The term includes, for the
49	49	purposes of enrolling dependents in a group health or dental
50	50	insurance plan, a union, trade association, or other similar
51	51	organization.
52	52	SECTION 5. Subsection (b), Section 101.024, Family Code, is
53	53	amended to read as follows:
54	54	(b) For purposes of establishing, determining the terms of,
55	55	modifying, or enforcing an order, a reference in this title to a
56	56	parent includes a person ordered to pay child support under Section
57	57	154.001(a-1) or to provide medical support or dental support for a
58	58	child.
59	59	SECTION 6. Section 101.034, Family Code, is amended to read
60	60	as follows:
61	61	Sec. 101.034. TITLE IV-D CASE. "Title IV-D case" means an
62	62	action in which services are provided by the Title IV-D agency under
63	63	Part D, Title IV, of the federal Social Security Act (42 U.S.C.
64	64	Section 651 et seq.), relating to the location of an absent parent,
65	65	determination of parentage, or establishment, modification, or
66	66	enforcement of a child support, [or] medical support, or dental
67	67	support obligation.
68	68	SECTION 7. Section 153.611, Family Code, is amended to read
69	69	as follows:
70	70	Sec. 153.611. EXCEPTION FOR CERTAIN TITLE IV-D PROCEEDINGS.
71	71	Notwithstanding any other provision of this subchapter, this
72	72	subchapter does not apply to a proceeding in a Title IV-D case
73	73	relating to the determination of parentage or establishment,
74	74	modification, or enforcement of a child support, [or] medical
75	75	support, or dental support obligation.
76	76	SECTION 8. Section 154.008, Family Code, is amended to read
77	77	as follows:
78	78	Sec. 154.008. PROVISION FOR MEDICAL SUPPORT AND DENTAL
79	79	SUPPORT. The court shall order medical support and dental support
80	80	for the child as provided by Subchapters B and D.
81	81	SECTION 9. Subsection (c), Section 154.015, Family Code, is
82	82	amended to read as follows:
83	83	(c) For purposes of this section, the court of continuing
84	84	jurisdiction shall determine the amount of the unpaid child support
85	85	obligation for each child of the deceased obligor. In determining
86	86	the amount of the unpaid child support obligation, the court shall
87	87	consider all relevant factors, including:
88	88	(1) the present value of the total amount of monthly
89	89	periodic child support payments that would become due between the
90	90	month in which the obligor dies and the month in which the child
91	91	turns 18 years of age, based on the amount of the periodic monthly
92	92	child support payments under the child support order in effect on
93	93	the date of the obligor's death;
94	94	(2) the present value of the total amount of health
95	95	insurance and dental insurance premiums payable for the benefit of
96	96	the child from the month in which the obligor dies until the month
97	97	in which the child turns 18 years of age, based on the cost of health
98	98	insurance and dental insurance for the child ordered to be paid on
99	99	the date of the obligor's death;
100	100	(3) in the case of a disabled child under 18 years of
101	101	age or an adult disabled child, an amount to be determined by the
102	102	court under Section 154.306;
103	103	(4) the nature and amount of any benefit to which the
104	104	child would be entitled as a result of the obligor's death,
105	105	including life insurance proceeds, annuity payments, trust
106	106	distributions, social security death benefits, and retirement
107	107	survivor benefits; and
108	108	(5) any other financial resource available for the
109	109	support of the child.
110	110	SECTION 10. Subsection (b), Section 154.016, Family Code,
111	111	is amended to read as follows:
112	112	(b) In determining the nature and extent of the obligation
113	113	to provide for the support of the child in the event of the death of
114	114	the obligor, the court shall consider all relevant factors,
115	115	including:
116	116	(1) the present value of the total amount of monthly
117	117	periodic child support payments from the date the child support
118	118	order is rendered until the month in which the child turns 18 years
119	119	of age, based on the amount of the periodic monthly child support
120	120	payment under the child support order;
121	121	(2) the present value of the total amount of health
122	122	insurance and dental insurance premiums payable for the benefit of
123	123	the child from the date the child support order is rendered until
124	124	the month in which the child turns 18 years of age, based on the cost
125	125	of health insurance and dental insurance for the child ordered to be
126	126	paid; and
127	127	(3) in the case of a disabled child under 18 years of
128	128	age or an adult disabled child, an amount to be determined by the
129	129	court under Section 154.306.
130	130	SECTION 11. Subsections (d) and (e), Section 154.062,
131	131	Family Code, are amended to read as follows:
132	132	(d) The court shall deduct the following items from
133	133	resources to determine the net resources available for child
134	134	support:
135	135	(1) social security taxes;
136	136	(2) federal income tax based on the tax rate for a
137	137	single person claiming one personal exemption and the standard
138	138	deduction;
139	139	(3) state income tax;
140	140	(4) union dues; and
141	141	(5) expenses for the cost of health insurance, dental
142	142	insurance, or cash medical support for the obligor's child ordered
143	143	by the court under Sections [Section] 154.182 and 154.1825.
144	144	(e) In calculating the amount of the deduction for health
145	145	care or dental coverage for a child under Subsection (d)(5), if the
146	146	obligor has other minor dependents covered under the same health or
147	147	dental insurance plan, the court shall divide the total cost to the
148	148	obligor for the insurance by the total number of minor dependents,
149	149	including the child, covered under the plan.
150	150	SECTION 12. Section 154.064, Family Code, is amended to
151	151	read as follows:
152	152	Sec. 154.064. MEDICAL SUPPORT AND DENTAL SUPPORT FOR CHILD
153	153	PRESUMPTIVELY PROVIDED BY OBLIGOR. The guidelines for support of a
154	154	child are based on the assumption that the court will order the
155	155	obligor to provide medical support and dental support for the child
156	156	in addition to the amount of child support calculated in accordance
157	157	with those guidelines.
158	158	SECTION 13. The heading to Subchapter D, Chapter 154,
159	159	Family Code, is amended to read as follows:
160	160	SUBCHAPTER D. MEDICAL SUPPORT AND DENTAL SUPPORT FOR CHILD
161	161	SECTION 14. Subchapter D, Chapter 154, Family Code, is
162	162	amended by adding Section 154.1815 to read as follows:
163	163	Sec. 154.1815. DENTAL SUPPORT ORDER. (a) In this section,
164	164	"reasonable cost" means the cost of a dental insurance premium that
165	165	does not exceed 1.5 percent of the obligor's annual resources, as
166	166	described by Section 154.062(b), if the obligor is responsible
167	167	under a dental support order for the cost of dental insurance
168	168	coverage for only one child. If the obligor is responsible under a
169	169	dental support order for the cost of dental insurance coverage for
170	170	more than one child, "reasonable cost" means the total cost of
171	171	dental insurance coverage for all children for which the obligor is
172	172	responsible under a dental support order that does not exceed 1.5
173	173	percent of the obligor's annual resources, as described by Section
174	174	154.062(b).
175	175	(b) In a suit affecting the parent-child relationship or in
176	176	a proceeding under Chapter 159, the court shall render an order for
177	177	the dental support of the child as provided by this section and
178	178	Section 154.1825.
179	179	(c) Before a hearing on temporary orders, or a final order
180	180	if no hearing on temporary orders is held, the court shall require
181	181	the parties to the proceedings to disclose in a pleading or other
182	182	document whether the child is covered by dental insurance and, if
183	183	the child is covered, the identity of the insurer providing the
184	184	coverage, the policy number, which parent is responsible for
185	185	payment of any insurance premium for the coverage, whether the
186	186	coverage is provided through a parent's employment, and the cost of
187	187	the premium. If dental insurance is not in effect for the child,
188	188	the parties must disclose to the court whether either parent has
189	189	access to dental insurance at a reasonable cost to the obligor.
190	190	(d) In rendering temporary orders, the court shall, except
191	191	for good cause shown, order that any dental insurance coverage in
192	192	effect for the child continue in effect pending the rendition of a
193	193	final order, except that the court may not require the continuation
194	194	of any dental insurance that is not available to the parent at a
195	195	reasonable cost to the obligor. If dental insurance coverage is not
196	196	in effect for the child or if the insurance in effect is not
197	197	available at a reasonable cost to the obligor, the court shall,
198	198	except for good cause shown, order dental insurance coverage for
199	199	the child as provided by Section 154.1825.
200	200	(e) On rendering a final order the court shall:
201	201	(1) make specific findings with respect to the manner
202	202	in which dental insurance coverage is to be provided for the child,
203	203	in accordance with the priorities identified under Section
204	204	154.1825; and
205	205	(2) except for good cause shown or on agreement of the
206	206	parties, require the parent ordered to provide dental insurance
207	207	coverage for the child as provided by Section 154.1825 to produce
208	208	evidence to the court's satisfaction that the parent has applied
209	209	for or secured dental insurance or has otherwise taken necessary
210	210	action to provide for dental insurance coverage for the child, as
211	211	ordered by the court.
212	212	SECTION 15. Subchapter D, Chapter 154, Family Code, is
213	213	amended by adding Section 154.1825 to read as follows:
214	214	Sec. 154.1825. DENTAL CARE COVERAGE FOR CHILD. (a) In
215	215	this section:
216	216	(1) "Accessibility" means the extent to which dental
217	217	insurance coverage for a child provides for the availability of
218	218	dental care within a reasonable traveling distance and time from
219	219	the child's primary residence, as determined by the court.
220	220	(2) "Reasonable cost" has the meaning assigned by
221	221	Section 154.1815(a).
222	222	(b) The court shall consider the cost, accessibility, and
223	223	quality of dental insurance coverage available to the parties and
224	224	shall give priority to dental insurance coverage available through
225	225	the employment of one of the parties if the coverage is available at
226	226	a reasonable cost to the obligor.
227	227	(c) In determining the manner in which dental care coverage
228	228	for the child is to be ordered, the court shall render its order in
229	229	accordance with the following priorities, unless a party shows good
230	230	cause why a particular order is not in the best interest of the
231	231	child:
232	232	(1) if dental insurance is available for the child
233	233	through a parent's employment or membership in a union, trade
234	234	association, or other organization at reasonable cost, the court
235	235	shall order that parent to include the child in the parent's dental
236	236	insurance; or
237	237	(2) if dental insurance is not available for the child
238	238	under Subdivision (1) but is available to a parent from another
239	239	source and at a reasonable cost, the court may order that parent to
240	240	provide dental insurance for the child.
241	241	(d) If the parent ordered to provide dental insurance under
242	242	Subsection (c)(1) or (2) is the obligee, the court shall order the
243	243	obligor to pay the obligee, as additional child support, an amount
244	244	equal to the actual cost of dental insurance for the child but not
245	245	to exceed a reasonable cost to the obligor. In calculating the
246	246	actual cost of dental insurance for the child, if the obligee has
247	247	other minor dependents covered under the same dental insurance
248	248	plan, the court shall divide the total cost to the obligee for the
249	249	insurance by the total number of minor dependents, including the
250	250	child covered under the plan.
251	251	(e) If the court finds that neither parent has access to
252	252	private dental insurance at a reasonable cost to the obligor, the
253	253	court shall order the parent awarded the exclusive right to
254	254	designate the child's primary residence or, to the extent permitted
255	255	by law, the other parent to apply immediately on behalf of the child
256	256	for participation in any government medical assistance program or
257	257	health plan that provides dental coverage.
258	258	SECTION 16. Section 154.183, Family Code, is amended to
259	259	read as follows:
260	260	Sec. 154.183. MEDICAL AND DENTAL SUPPORT ADDITIONAL SUPPORT
261	261	DUTY OF OBLIGOR. (a) An amount that an obligor is ordered to pay
262	262	as medical support or dental support for the child under this
263	263	chapter, including the costs of health insurance coverage or cash
264	264	medical support under Section 154.182 and the costs of dental
265	265	insurance under Section 154.1825:
266	266	(1) is in addition to the amount that the obligor is
267	267	required to pay for child support under the guidelines for child
268	268	support;
269	269	(2) is a child support obligation; and
270	270	(3) may be enforced by any means available for the
271	271	enforcement of child support, including withholding from earnings
272	272	under Chapter 158.
273	273	(b) If the court finds and states in the child support order
274	274	that the obligee will maintain health insurance coverage, dental
275	275	insurance coverage, or both, for the child at the obligee's
276	276	expense, the court shall increase the amount of child support to be
277	277	paid by the obligor in an amount not exceeding the actual cost to
278	278	the obligee for maintaining the [health insurance] coverage, as
279	279	provided under Sections [Section] 154.182(b-1) and 154.1825(d).
280	280	(c) As additional child support, the court shall allocate
281	281	between the parties, according to their circumstances:
282	282	(1) the reasonable and necessary health care expenses,
283	283	including vision and dental expenses, of the child that are not
284	284	reimbursed by health or dental insurance or are not otherwise
285	285	covered by the amount of cash medical support ordered under Section
286	286	154.182 [154.182(b)(3)]; and
287	287	(2) amounts paid by either party as deductibles or
288	288	copayments in obtaining health care or dental care services for the
289	289	child covered under a health insurance or dental insurance policy.
290	290	SECTION 17. Subsections (a) and (b), Section 154.184,
291	291	Family Code, are amended to read as follows:
292	292	(a) Receipt of a medical support order requiring that health
293	293	insurance be provided for a child or a dental support order
294	294	requiring that dental insurance be provided for a child shall be
295	295	considered a change in the family circumstances of the employee or
296	296	member, for health insurance purposes and dental insurance
297	297	purposes, equivalent to the birth or adoption of a child.
298	298	(b) If the employee or member is eligible for dependent
299	299	health coverage or dependent dental coverage, the employer shall
300	300	automatically enroll the child for the first 31 days after the
301	301	receipt of the order or notice of the medical support order or the
302	302	dental support order under Section 154.186 on the same terms and
303	303	conditions as apply to any other dependent child.
304	304	SECTION 18. Section 154.185, Family Code, is amended to
305	305	read as follows:
306	306	Sec. 154.185. PARENT TO FURNISH INFORMATION. (a) The
307	307	court shall order a parent providing health insurance or dental
308	308	insurance to furnish to either the obligee, obligor, or child
309	309	support agency the following information not later than the 30th
310	310	day after the date the notice of rendition of the order is received:
311	311	(1) the social security number of the parent;
312	312	(2) the name and address of the parent's employer;
313	313	(3) with regard to health insurance:
314	314	(A) whether the employer is self-insured or has
315	315	health insurance available;
316	316	(B) [(4)] proof that health insurance has been
317	317	provided for the child;
318	318	(C) [(5)] if the employer has health insurance
319	319	available, the name of the health insurance carrier, the number of
320	320	the policy, a copy of the policy and schedule of benefits, a health
321	321	insurance membership card, claim forms, and any other information
322	322	necessary to submit a claim; and
323	323	(D) [(6)] if the employer is self-insured, a copy
324	324	of the schedule of benefits, a membership card, claim forms, and any
325	325	other information necessary to submit a claim; and
326	326	(4) with regard to dental insurance:
327	327	(A) whether the employer is self-insured or has
328	328	dental insurance available;
329	329	(B) proof that dental insurance has been provided
330	330	for the child;
331	331	(C) if the employer has dental insurance
332	332	available, the name of the dental insurance carrier, the number of
333	333	the policy, a copy of the policy and schedule of benefits, a dental
334	334	insurance membership card, claim forms, and any other information
335	335	necessary to submit a claim; and
336	336	(D) if the employer is self-insured, a copy of
337	337	the schedule of benefits, a membership card, claim forms, and any
338	338	other information necessary to submit a claim.
339	339	(b) The court shall also order a parent providing health
340	340	insurance or dental insurance to furnish the obligor, obligee, or
341	341	child support agency with additional information regarding the
342	342	health insurance coverage or dental insurance coverage not later
343	343	than the 15th day after the date the information is received by the
344	344	parent.
345	345	SECTION 19. The heading to Section 154.186, Family Code, is
346	346	amended to read as follows:
347	347	Sec. 154.186. NOTICE TO EMPLOYER CONCERNING MEDICAL SUPPORT
348	348	OR DENTAL SUPPORT.
349	349	SECTION 20. Subsection (a), Section 154.186, Family Code,
350	350	is amended to read as follows:
351	351	(a) The obligee, obligor, or a child support agency of this
352	352	state or another state may send to the employer a copy of the order
353	353	requiring an employee to provide health insurance coverage or
354	354	dental insurance coverage for a child or may include notice of the
355	355	medical support order or dental support order in an order or writ of
356	356	withholding sent to the employer in accordance with Chapter 158.
357	357	SECTION 21. Subsections (a) through (e), and (g), Section
358	358	154.187, Family Code, are amended to read as follows:
359	359	(a) An order or notice under this subchapter to an employer
360	360	directing that health insurance coverage or dental insurance
361	361	coverage be provided to a child of an employee or member is binding
362	362	on a current or subsequent employer on receipt without regard to the
363	363	date the order was rendered. If the employee or member is eligible
364	364	for dependent health coverage or dental coverage for the child, the
365	365	employer shall immediately enroll the child in a health insurance
366	366	plan or dental insurance plan regardless of whether the employee is
367	367	enrolled in the plan. If dependent coverage is not available to the
368	368	employee or member through the employer's health insurance plan or
369	369	dental insurance plan or enrollment cannot be made permanent or if
370	370	the employer is not responsible or otherwise liable for providing
371	371	such coverage, the employer shall provide notice to the sender in
372	372	accordance with Subsection (c).
373	373	(b) If additional premiums are incurred as a result of
374	374	adding the child to the health insurance plan or the dental
375	375	insurance plan, the employer shall deduct the health insurance
376	376	premium or the dental insurance premium from the earnings of the
377	377	employee in accordance with Chapter 158 and apply the amount
378	378	withheld to payment of the insurance premium.
379	379	(c) An employer who has received an order or notice under
380	380	this subchapter shall provide to the sender, by first class mail not
381	381	later than the 30th day after the date the employer receives the
382	382	order or notice, a statement that the child:
383	383	(1) has been enrolled in the employer's health
384	384	insurance plan or dental insurance plan, or is already enrolled in
385	385	another health insurance plan or dental insurance plan in
386	386	accordance with a previous child support, [or] medical support, or
387	387	dental support order to which the employee is subject; or
388	388	(2) cannot be enrolled or cannot be enrolled
389	389	permanently in the employer's health insurance plan or dental
390	390	insurance plan and provide the reason why coverage or permanent
391	391	coverage cannot be provided.
392	392	(d) If the employee ceases employment or if the health
393	393	insurance coverage or dental insurance coverage lapses, the
394	394	employer shall provide to the sender, by first class mail not later
395	395	than the 15th day after the date of the termination of employment or
396	396	the lapse of the coverage, notice of the termination or lapse and of
397	397	the availability of any conversion privileges.
398	398	(e) On request, the employer shall release to the sender
399	399	information concerning the available health insurance coverage or
400	400	dental insurance coverage, including the name of the health
401	401	insurance carrier or dental insurance carrier, the policy number, a
402	402	copy of the policy and schedule of benefits, a health insurance or
403	403	dental insurance membership card, and claim forms.
404	404	(g) An employer who fails to enroll a child, fails to
405	405	withhold or remit premiums or cash medical support, or
406	406	discriminates in hiring or employment on the basis of a medical
407	407	support order or notice or a dental support order or notice under
408	408	this subchapter shall be subject to the penalties and fines in
409	409	Subchapter C, Chapter 158.
410	410	SECTION 22. Section 154.188, Family Code, is amended to
411	411	read as follows:
412	412	Sec. 154.188. FAILURE TO PROVIDE OR PAY FOR REQUIRED HEALTH
413	413	INSURANCE OR DENTAL INSURANCE. A parent ordered to provide health
414	414	insurance or dental insurance or to pay the other parent additional
415	415	child support for the cost of health insurance or dental insurance
416	416	who fails to do so is liable for:
417	417	(1) necessary medical expenses or dental expenses of
418	418	the child, without regard to whether the expenses would have been
419	419	paid if health insurance or dental insurance had been provided; and
420	420	(2) the cost of health insurance premiums, dental
421	421	insurance premiums, or contributions, if any, paid on behalf of the
422	422	child.
423	423	SECTION 23. Section 154.189, Family Code, is amended to
424	424	read as follows:
425	425	Sec. 154.189. NOTICE OF TERMINATION OR LAPSE OF INSURANCE
426	426	COVERAGE. (a) An obligor ordered to provide health insurance
427	427	coverage or dental insurance coverage for a child must notify the
428	428	obligee and any child support agency enforcing a support obligation
429	429	against the obligor of the:
430	430	(1) termination or lapse of health insurance coverage
431	431	or dental insurance coverage for the child not later than the 15th
432	432	day after the date of a termination or lapse; and
433	433	(2) availability of additional health insurance or
434	434	dental insurance to the obligor for the child after a termination or
435	435	lapse of coverage not later than the 15th day after the date the
436	436	insurance becomes available.
437	437	(b) If termination of coverage results from a change of
438	438	employers, the obligor, the obligee, or the child support agency
439	439	may send the new employer a copy of the order requiring the employee
440	440	to provide health insurance or dental insurance for a child or
441	441	notice of the medical support order or the dental support order as
442	442	provided by this subchapter.
443	443	SECTION 24. Section 154.190, Family Code, is amended to
444	444	read as follows:
445	445	Sec. 154.190. REENROLLING CHILD FOR INSURANCE COVERAGE.
446	446	After health insurance or dental insurance has been terminated or
447	447	has lapsed, an obligor ordered to provide health insurance coverage
448	448	or dental insurance coverage for the child must enroll the child in
449	449	a health insurance plan or a dental insurance plan at the next
450	450	available enrollment period.
451	451	SECTION 25. Section 154.191, Family Code, is amended to
452	452	read as follows:
453	453	Sec. 154.191. REMEDY NOT EXCLUSIVE. (a) This subchapter
454	454	does not limit the rights of the obligor, obligee, local domestic
455	455	relations office, or Title IV-D agency to enforce, modify, or
456	456	clarify the medical support order or dental support order.
457	457	(b) This subchapter does not limit the authority of the
458	458	court to render or modify a medical support order or dental support
459	459	order to provide for payment of uninsured health expenses, health
460	460	care costs, [or] health insurance premiums, uninsured dental
461	461	expenses, dental costs, or dental insurance premiums in a manner
462	462	consistent with this subchapter.
463	463	SECTION 26. Section 154.192, Family Code, is amended to
464	464	read as follows:
465	465	Sec. 154.192. CANCELLATION OR ELIMINATION OF INSURANCE
466	466	COVERAGE FOR CHILD. [(a)] Unless the employee or member ceases to
467	467	be eligible for dependent coverage, or the employer has eliminated
468	468	dependent health coverage or dental coverage for all of the
469	469	employer's employees or members, the employer may not cancel or
470	470	eliminate coverage of a child enrolled under this subchapter until
471	471	the employer is provided satisfactory written evidence that:
472	472	(1) the court order or administrative order requiring
473	473	the coverage is no longer in effect; or
474	474	(2) the child is enrolled in comparable [health]
475	475	insurance coverage or will be enrolled in comparable coverage that
476	476	will take effect not later than the effective date of the
477	477	cancellation or elimination of the employer's coverage.
478	478	SECTION 27. The heading to Section 154.193, Family Code, is
479	479	amended to read as follows:
480	480	Sec. 154.193. MEDICAL SUPPORT ORDER OR DENTAL SUPPORT ORDER
481	481	NOT QUALIFIED.
482	482	SECTION 28. Subsection (a), Section 154.193, Family Code,
483	483	is amended to read as follows:
484	484	(a) If a plan administrator or other person acting in an
485	485	equivalent position determines that a medical support order or
486	486	dental support order issued under this subchapter does not qualify
487	487	for enforcement under federal law, the tribunal may, on its own
488	488	motion or the motion of a party, render an order that qualifies for
489	489	enforcement under federal law.
490	490	SECTION 29. Subsection (a), Section 156.401, Family Code,
491	491	is amended to read as follows:
492	492	(a) Except as provided by Subsection (a-1) or (b), the court
493	493	may modify an order that provides for the support of a child,
494	494	including an order for health care coverage under Section 154.182
495	495	or an order for dental care coverage under Section 154.1825, if:
496	496	(1) the circumstances of the child or a person
497	497	affected by the order have materially and substantially changed
498	498	since the earlier of:
499	499	(A) the date of the order's rendition; or
500	500	(B) the date of the signing of a mediated or
501	501	collaborative law settlement agreement on which the order is based;
502	502	or
503	503	(2) it has been three years since the order was
504	504	rendered or last modified and the monthly amount of the child
505	505	support award under the order differs by either 20 percent or $100
506	506	from the amount that would be awarded in accordance with the child
507	507	support guidelines.
508	508	SECTION 30. Section 157.269, Family Code, is amended to
509	509	read as follows:
510	510	Sec. 157.269. RETENTION OF JURISDICTION. A court that
511	511	renders an order providing for the payment of child support retains
512	512	continuing jurisdiction to enforce the order, including by
513	513	adjusting the amount of the periodic payments to be made by the
514	514	obligor or the amount to be withheld from the obligor's disposable
515	515	earnings, until all current support, [and] medical support, dental
516	516	support, and child support arrearages, including interest and any
517	517	applicable fees and costs, have been paid.
518	518	SECTION 31. Subsections (a) and (b), Section 158.206,
519	519	Family Code, are amended to read as follows:
520	520	(a) An employer receiving an order or a writ of withholding
521	521	under this chapter, including an order or writ directing that
522	522	health insurance or dental insurance be provided to a child, who
523	523	complies with the order or writ is not liable to the obligor for the
524	524	amount of income withheld and paid as required by the order or writ.
525	525	(b) An employer receiving an order or writ of withholding
526	526	who does not comply with the order or writ is liable:
527	527	(1) to the obligee for the amount not paid in
528	528	compliance with the order or writ, including the amount the obligor
529	529	is required to pay for health insurance or dental insurance under
530	530	Chapter 154;
531	531	(2) to the obligor for:
532	532	(A) the amount withheld and not paid as required
533	533	by the order or writ; and
534	534	(B) an amount equal to the interest that accrues
535	535	under Section 157.265 on the amount withheld and not paid; and
536	536	(3) for reasonable attorney's fees and court costs.
537	537	SECTION 32. Section 158.302, Family Code, is amended to
538	538	read as follows:
539	539	Sec. 158.302. CONTENTS OF NOTICE OF APPLICATION FOR
540	540	JUDICIAL WRIT OF WITHHOLDING. The notice of application for
541	541	judicial writ of withholding shall be verified and:
542	542	(1) state the amount of monthly support due, including
543	543	medical support and dental support, the amount of arrearages or
544	544	anticipated arrearages, including accrued interest, and the amount
545	545	of wages that will be withheld in accordance with a judicial writ of
546	546	withholding;
547	547	(2) state that the withholding applies to each current
548	548	or subsequent employer or period of employment;
549	549	(3) state that if the obligor does not contest the
550	550	withholding within 10 days after the date of receipt of the notice,
551	551	the obligor's employer will be notified to begin the withholding;
552	552	(4) describe the procedures for contesting the
553	553	issuance and delivery of a writ of withholding;
554	554	(5) state that if the obligor contests the
555	555	withholding, the obligor will be afforded an opportunity for a
556	556	hearing by the court not later than the 30th day after the date of
557	557	receipt of the notice of contest;
558	558	(6) state that the sole ground for successfully
559	559	contesting the issuance of a writ of withholding is a dispute
560	560	concerning the identity of the obligor or the existence or amount of
561	561	the arrearages, including accrued interest;
562	562	(7) describe the actions that may be taken if the
563	563	obligor contests the notice of application for judicial writ of
564	564	withholding, including the procedures for suspending issuance of a
565	565	writ of withholding; and
566	566	(8) include with the notice a suggested form for the
567	567	motion to stay issuance and delivery of the judicial writ of
568	568	withholding that the obligor may file with the clerk of the
569	569	appropriate court.
570	570	SECTION 33. Subsection (c), Section 158.309, Family Code,
571	571	is amended to read as follows:
572	572	(c) Upon hearing, the court shall:
573	573	(1) render an order for income withholding that
574	574	includes a determination of the amount of child support arrearages,
575	575	including medical support, dental support, and interest; or
576	576	(2) grant the motion to stay.
577	577	SECTION 34. Subsection (a), Section 158.312, Family Code,
578	578	is amended to read as follows:
579	579	(a) If a notice of application for judicial writ of
580	580	withholding is delivered and a motion to stay is not filed within
581	581	the time limits provided by Section 158.307, the party who filed the
582	582	notice shall file with the clerk of the court a request for issuance
583	583	of the writ of withholding stating the amount of current support,
584	584	including medical support and dental support, the amount of
585	585	arrearages, and the amount to be withheld from the obligor's
586	586	income.
587	587	SECTION 35. Section 158.314, Family Code, is amended to
588	588	read as follows:
589	589	Sec. 158.314. CONTENTS OF WRIT OF WITHHOLDING. The
590	590	judicial writ of income withholding issued by the clerk must direct
591	591	that the employer or a subsequent employer withhold from the
592	592	obligor's disposable income for current child support, including
593	593	medical support and dental support, and child support arrearages an
594	594	amount that is consistent with the provisions of this chapter
595	595	regarding orders of withholding.
596	596	SECTION 36. Subsection (a), Section 158.502, Family Code,
597	597	is amended to read as follows:
598	598	(a) An administrative writ of withholding under this
599	599	subchapter may be issued by the Title IV-D agency at any time until
600	600	all current support, including medical support and dental support,
601	601	[and] child support arrearages, and Title IV-D service fees
602	602	authorized under Section 231.103 for which the obligor is
603	603	responsible[,] have been paid. The writ issued under this
604	604	subsection may be based on an obligation in more than one support
605	605	order.
606	606	SECTION 37. Subsection (b), Section 158.504, Family Code,
607	607	is amended to read as follows:
608	608	(b) An administrative writ of withholding issued under this
609	609	subchapter may contain only the information that is necessary for
610	610	the employer to withhold income for child support, [and] medical
611	611	support, and dental support and shall specify the place where the
612	612	withheld income is to be paid.
613	613	SECTION 38. Section 158.507, Family Code, is amended to
614	614	read as follows:
615	615	Sec. 158.507. ADMINISTRATIVE WRIT TERMINATING WITHHOLDING.
616	616	An administrative writ to terminate withholding may be issued and
617	617	delivered to an employer by the Title IV-D agency when all current
618	618	support, including medical support and dental support, [and] child
619	619	support arrearages, and Title IV-D service fees authorized under
620	620	Section 231.103 for which the obligor is responsible[,] have been
621	621	paid.
622	622	SECTION 39. Subsection (c), Section 159.502, Family Code,
623	623	is amended to read as follows:
624	624	(c) Except as otherwise provided in Subsection (d) and
625	625	Section 159.503, the employer shall withhold and distribute the
626	626	funds as directed in the withholding order by complying with terms
627	627	of the order that specify:
628	628	(1) the duration and amount of periodic payments of
629	629	current child support, stated as a sum certain;
630	630	(2) the person designated to receive payments and the
631	631	address to which the payments are to be forwarded;
632	632	(3) medical support and dental support, whether in the
633	633	form of periodic cash payments, stated as a sum certain, or ordering
634	634	the obligor to provide health insurance coverage or dental
635	635	insurance coverage for the child under a policy available through
636	636	the obligor's employment;
637	637	(4) the amount of periodic payments of fees and costs
638	638	for a support enforcement agency, the issuing tribunal, and the
639	639	obligee's attorney, stated as sums certain; and
640	640	(5) the amount of periodic payments of arrearages and
641	641	interest on arrearages, stated as sums certain.
642	642	SECTION 40. The heading to Section 231.0011, Family Code,
643	643	is amended to read as follows:
644	644	Sec. 231.0011. DEVELOPMENT OF STATEWIDE INTEGRATED SYSTEM
645	645	FOR CHILD SUPPORT, [AND] MEDICAL SUPPORT, AND DENTAL SUPPORT
646	646	ENFORCEMENT.
647	647	SECTION 41. Subsections (a) and (g), Section 231.0011,
648	648	Family Code, are amended to read as follows:
649	649	(a) The Title IV-D agency shall have final approval
650	650	authority on any contract or proposal for delivery of Title IV-D
651	651	services under this section and in coordination with the Texas
652	652	Judicial Council, the Office of Court Administration of the Texas
653	653	Judicial System, the federal Office of Child Support Enforcement,
654	654	and state, county, and local officials, shall develop and implement
655	655	a statewide integrated system for child support, [and] medical
656	656	support, and dental support enforcement, employing federal, state,
657	657	local, and private resources to:
658	658	(1) unify child support registry functions;
659	659	(2) record and track all child support orders entered
660	660	in the state;
661	661	(3) establish an automated enforcement process which
662	662	will use delinquency monitoring, billing, and other enforcement
663	663	techniques to ensure the payment of current support;
664	664	(4) incorporate existing enforcement resources into
665	665	the system to obtain maximum benefit from state and federal
666	666	funding; and
667	667	(5) ensure accountability for all participants in the
668	668	process, including state, county, and local officials, private
669	669	contractors, and the judiciary.
670	670	(g) Participation in the statewide integrated system for
671	671	child support, [and] medical support, and dental support
672	672	enforcement by a county is voluntary, and nothing in this section
673	673	shall be construed to mandate participation.
674	674	SECTION 42. Subsection (e), Section 231.002, Family Code,
675	675	is amended to read as follows:
676	676	(e) The Title IV-D agency may take the following
677	677	administrative actions with respect to the location of a parent,
678	678	the determination of parentage, and the establishment,
679	679	modification, and enforcement of child support, [and] medical
680	680	support, and dental support orders required by 42 U.S.C. Section
681	681	666(c), without obtaining an order from any other judicial or
682	682	administrative tribunal:
683	683	(1) issue an administrative subpoena, as provided by
684	684	Section 231.303, to obtain financial or other information;
685	685	(2) order genetic testing for parentage
686	686	determination, as provided by Chapter 233;
687	687	(3) order income withholding, as provided by Chapter
688	688	233, and issue an administrative writ of withholding, as provided
689	689	by Chapter 158; and
690	690	(4) take any action with respect to execution,
691	691	collection, and release of a judgment or lien for child support
692	692	necessary to satisfy the judgment or lien, as provided by Chapter
693	693	157.
694	694	SECTION 43. Subsection (a), Section 231.101, Family Code,
695	695	is amended to read as follows:
696	696	(a) The Title IV-D agency may provide all services required
697	697	or authorized to be provided by Part D of Title IV of the federal
698	698	Social Security Act (42 U.S.C. Section 651 et seq.), including:
699	699	(1) parent locator services;
700	700	(2) paternity determination;
701	701	(3) child support, [and] medical support, and dental
702	702	support establishment;
703	703	(4) review and adjustment of child support orders;
704	704	(5) enforcement of child support, [and] medical
705	705	support, and dental support orders; and
706	706	(6) collection and distribution of child support
707	707	payments.
708	708	SECTION 44. Subsection (b), Section 231.104, Family Code,
709	709	is amended to read as follows:
710	710	(b) An application for child support services is an
711	711	assignment of support rights to enable the Title IV-D agency to
712	712	establish and enforce child support, [and] medical support, and
713	713	dental support obligations, but an assignment is not a condition of
714	714	eligibility for services.
715	715	SECTION 45. Subsection (a), Section 231.123, Family Code,
716	716	is amended to read as follows:
717	717	(a) In order to maximize the amount of any tax refund to
718	718	which an obligor may be entitled and which may be applied to child
719	719	support, [and] medical support, and dental support obligations, the
720	720	Title IV-D agency shall cooperate with volunteer income tax
721	721	assistance programs in the state in informing obligors of the
722	722	availability of the programs.
723	723	SECTION 46. Subsection (a), Section 231.301, Family Code,
724	724	is amended to read as follows:
725	725	(a) The parent locator service conducted by the Title IV-D
726	726	agency shall be used to obtain information for:
727	727	(1) child support establishment and enforcement
728	728	purposes regarding the identity, social security number, location,
729	729	employer and employment benefits, income, and assets or debts of
730	730	any individual under an obligation to pay child support, [or]
731	731	medical support, or dental support or to whom a support obligation
732	732	is owed; or
733	733	(2) the establishment of paternity.
734	734	SECTION 47. Section 231.306, Family Code, is amended to
735	735	read as follows:
736	736	Sec. 231.306. MAXIMIZING MEDICAL SUPPORT AND DENTAL SUPPORT
737	737	ESTABLISHMENT AND COLLECTION BY THE TITLE IV-D AGENCY. (a) On the
738	738	installation of an automated child support enforcement system, the
739	739	Title IV-D agency is strongly encouraged to:
740	740	(1) maximize the collection of medical support and
741	741	dental support; and
742	742	(2) establish cash medical support orders for children
743	743	eligible for medical assistance under the state Medicaid program
744	744	for whom private insurance coverage is not available.
745	745	(b) In this section:
746	746	(1) "Medical[, "medical] support" has the meaning
747	747	assigned by Section 101.020.
748	748	(2) "Dental support" has the meaning assigned by
749	749	Section 101.0095.
750	750	SECTION 48. Subsection (a), Section 233.001, Family Code,
751	751	is amended to read as follows:
752	752	(a) The purpose of the procedures specified in the child
753	753	support review process authorized by this chapter is to enable the
754	754	Title IV-D agency to take expedited administrative actions to
755	755	establish, modify, and enforce child support, [and] medical
756	756	support, and dental support obligations, to determine parentage, or
757	757	to take any other action authorized or required under Part D, Title
758	758	IV, of the federal Social Security Act (42 U.S.C. Section 651 et
759	759	seq.), and Chapter 231.
760	760	SECTION 49. Subsection (b), Section 233.009, Family Code,
761	761	is amended to read as follows:
762	762	(b) The notice of proposed child support review order shall
763	763	state:
764	764	(1) the amount of periodic payment of child support
765	765	due, the amount of any overdue support that is owed as an arrearage
766	766	as of the date of the notice, and the amounts that are to be paid by
767	767	the obligor for current support due and in payment on the arrearage
768	768	owed;
769	769	(2) that the person identified in the notice as the
770	770	party responsible for payment of the support amounts may contest
771	771	the notice order on the grounds that:
772	772	(A) the respondent is not the responsible party;
773	773	(B) the dependent child is no longer entitled to
774	774	child support; or
775	775	(C) the amount of monthly support or arrearage is
776	776	incorrectly stated; and
777	777	(3) that, if the person identified in the notice as the
778	778	party responsible for payment of the support amounts does not
779	779	contest the notice in writing or request a negotiation conference
780	780	to discuss the notice not later than the 15th day after the date the
781	781	notice was delivered, the Title IV-D agency may file a child support
782	782	review order for child support, [and for] medical support, and
783	783	dental support for the child as provided by Chapter 154 according to
784	784	the information available to the agency.
785	785	SECTION 50. Subsection (b), Section 233.0095, Family Code,
786	786	is amended to read as follows:
787	787	(b) The notice of proposed child support review order shall
788	788	state:
789	789	(1) the amount of periodic payment of child support
790	790	due;
791	791	(2) that the person identified in the notice as the
792	792	party responsible for payment of the support amounts may only
793	793	contest the amount of monthly support; and
794	794	(3) that, if the person identified in the notice as the
795	795	party responsible for payment of the support amounts does not
796	796	contest the notice in writing or request a negotiation conference
797	797	to discuss the notice not later than the 15th day after the date the
798	798	notice was delivered, the Title IV-D agency may file the child
799	799	support order for child support, [and for] medical support, and
800	800	dental support for the child as provided by Chapter 154 according to
801	801	the information available to the agency.
802	802	SECTION 51. Subsection (a), Section 233.017, Family Code,
803	803	is amended to read as follows:
804	804	(a) An order issued under this chapter must be reviewed and
805	805	signed by an attorney of the Title IV-D agency and must contain all
806	806	provisions that are appropriate for an order under this title,
807	807	including current child support, medical support, dental support, a
808	808	determination of any arrearages or retroactive support, and, if not
809	809	otherwise ordered, income withholding.
810	810	SECTION 52. Section 234.002, Family Code, is amended to
811	811	read as follows:
812	812	Sec. 234.002. INTEGRATED SYSTEM FOR CHILD SUPPORT, [AND]
813	813	MEDICAL SUPPORT, AND DENTAL SUPPORT ENFORCEMENT. The statewide
814	814	integrated system for child support, [and] medical support, and
815	815	dental support enforcement under Chapter 231 shall be part of the
816	816	state case registry and state disbursement unit authorized by this
817	817	subchapter.
818	818	SECTION 53. Subsection (a), Section 71.035, Government
819	819	Code, is amended to read as follows:
820	820	(a) The council shall gather judicial statistics and other
821	821	pertinent information from the several state judges and other court
822	822	officials of this state. In addition, the council shall implement a
823	823	monthly tracking system to ensure accountability for counties and
824	824	courts which participate in the statewide integrated system for
825	825	child support, [and] medical support, and dental support
826	826	enforcement established under Section 231.0011, Family Code. As a
827	827	duty of office, the district clerks and county clerks serving the
828	828	affected courts shall report monthly such information as may be
829	829	required by the council, including, at a minimum, the time required
830	830	to enforce cases from date of delinquency, from date of filing, and
831	831	from date of service until date of disposition. Such information as
832	832	is necessary to complete the report and not directly within the
833	833	control of the district or county clerk, such as date of
834	834	delinquency, shall be provided to the clerk by the child support
835	835	registry or by the enforcement agency providing Title IV-D
836	836	enforcement services in the court. The monthly report shall be
837	837	transmitted to the Office of Court Administration of the Texas
838	838	Judicial System no later than the 20th day of the month following
839	839	the month reported, in such form as may be prescribed by the Office
840	840	of Court Administration, which may include electronic data
841	841	transfer. Copies of such reports shall be maintained in the office
842	842	of the appropriate district or county clerk for a period of at least
843	843	two years and shall be available to the public for inspection and
844	844	reproduction.
845	845	SECTION 54. Subsection (b), Section 1201.053, Insurance
846	846	Code, is amended to read as follows:
847	847	(b) On the application of an adult member of a family, an
848	848	individual accident and health insurance policy may, at the time of
849	849	original issuance or by subsequent amendment, insure two or more
850	850	eligible members of the adult's family, including a spouse,
851	851	unmarried children younger than 25 years of age, including a
852	852	grandchild of the adult as described by Section 1201.062(a)(1), a
853	853	child the adult is required to insure under a medical support order
854	854	or dental support order, if the policy provides dental coverage,
855	855	issued under Chapter 154, Family Code, or enforceable by a court in
856	856	this state, and any other individual dependent on the adult.
857	857	SECTION 55. Subsection (a), Section 1201.062, Insurance
858	858	Code, is amended to read as follows:
859	859	(a) An individual or group accident and health insurance
860	860	policy that is delivered, issued for delivery, or renewed in this
861	861	state, including a policy issued by a corporation operating under
862	862	Chapter 842, or a self-funded or self-insured welfare or benefit
863	863	plan or program, to the extent that regulation of the plan or
864	864	program is not preempted by federal law, that provides coverage for
865	865	a child of an insured or group member, on payment of a premium, must
866	866	provide coverage for:
867	867	(1) each grandchild of the insured or group member if
868	868	the grandchild is:
869	869	(A) unmarried;
870	870	(B) younger than 25 years of age; and
871	871	(C) a dependent of the insured or group member
872	872	for federal income tax purposes at the time application for
873	873	coverage of the grandchild is made; and
874	874	(2) each child for whom the insured or group member
875	875	must provide medical support or dental support, if the policy
876	876	provides dental coverage, under an order issued under Chapter 154,
877	877	Family Code, or enforceable by a court in this state.
878	878	SECTION 56. Section 1201.063, Insurance Code, is amended to
879	879	read as follows:
880	880	Sec. 1201.063. PROHIBITION OF CERTAIN CRITERIA RELATING TO
881	881	CHILD'S COVERAGE IN INDIVIDUAL OR GROUP POLICY. Regarding a
882	882	natural or adopted child of an insured or group member or a child
883	883	for whom the insured or group member must provide medical support or
884	884	dental support, if the policy provides dental coverage, under an
885	885	order issued under Chapter 154, Family Code, or enforceable by a
886	886	court in this state, an individual or group accident and health
887	887	insurance policy that provides coverage for a child of an insured or
888	888	group member may not set a different premium for the child, exclude
889	889	the child from coverage, or discontinue coverage of the child
890	890	because:
891	891	(1) the child does not reside with the insured or group
892	892	member; or
893	893	(2) the insured or group member does not claim the
894	894	child as an exemption for federal income tax purposes under Section
895	895	151(c)(1)(B), Internal Revenue Code of 1986.
896	896	SECTION 57. The heading to Chapter 1504, Insurance Code, is
897	897	amended to read as follows:
898	898	CHAPTER 1504. MEDICAL AND DENTAL CHILD SUPPORT
899	899	SECTION 58. Subdivision (4), Section 1504.001, Insurance
900	900	Code, is amended to read as follows:
901	901	(4) "Benefit [Health benefit] plan issuer" means:
902	902	(A) an insurance company, group hospital service
903	903	corporation, or health maintenance organization that delivers or
904	904	issues for delivery an individual, group, blanket, or franchise
905	905	insurance policy or agreement, a group hospital service contract,
906	906	or an evidence of coverage that provides benefits for medical or
907	907	surgical expenses incurred as a result of an accident or sickness,
908	908	or dental expenses;
909	909	(B) a governmental entity subject to Subchapter
910	910	D, Chapter 1355, Subchapter C, Chapter 1364, Chapter 1578, Article
911	911	3.51-1, 3.51-4, or 3.51-5, or Chapter 177, Local Government Code;
912	912	(C) the issuer of a multiple employer welfare
913	913	arrangement as defined by Section 846.001; or
914	914	(D) the issuer of a group health plan as defined
915	915	by Section 607, Employee Retirement Income Security Act of 1974 (29
916	916	U.S.C. Section 1167).
917	917	SECTION 59. Subsection (b), Section 1504.002, Insurance
918	918	Code, is amended to read as follows:
919	919	(b) The commissioner shall adopt rules that define
920	920	"comparable health or dental coverage" in a manner that:
921	921	(1) is consistent with federal law; and
922	922	(2) complies with the requirements necessary to
923	923	maintain federal Medicaid funding.
924	924	SECTION 60. Section 1504.003, Insurance Code, is amended to
925	925	read as follows:
926	926	Sec. 1504.003. VIOLATION OF CHAPTER: RELIEF AVAILABLE TO
927	927	INJURED PERSON. A [health] benefit plan issuer that violates this
928	928	chapter is subject to the same penalties, and an injured person has
929	929	the same rights and remedies, as those provided by Subchapter D,
930	930	Chapter 541.
931	931	SECTION 61. The heading to Subchapter B, Chapter 1504,
932	932	Insurance Code, is amended to read as follows:
933	933	SUBCHAPTER B. DUTIES OF [HEALTH] BENEFIT PLAN ISSUER
934	934	SECTION 62. Section 1504.051, Insurance Code, is amended to
935	935	read as follows:
936	936	Sec. 1504.051. ENROLLMENT OF CERTAIN CHILDREN REQUIRED.
937	937	(a) A [health] benefit plan issuer shall permit a parent to enroll
938	938	a child in dependent health or dental coverage offered through the
939	939	issuer regardless of any enrollment period restriction if the
940	940	parent is:
941	941	(1) eligible for dependent health or dental coverage;
942	942	and
943	943	(2) required by a court order or administrative order
944	944	to provide health or dental insurance coverage for the child.
945	945	(b) A [health] benefit plan issuer shall enroll a child of a
946	946	parent described by Subsection (a) in dependent health or dental
947	947	coverage offered through the issuer if:
948	948	(1) the parent does not apply to obtain health or
949	949	dental coverage for the child through the issuer; and
950	950	(2) the child, a custodial parent of the child, or a
951	951	child support agency having a duty to collect or enforce support for
952	952	the child applies for the coverage.
953	953	SECTION 63. Section 1504.052, Insurance Code, is amended to
954	954	read as follows:
955	955	Sec. 1504.052. CHILD RESIDING OUTSIDE SERVICE AREA;
956	956	COMPARABLE HEALTH OR DENTAL COVERAGE REQUIRED. (a) A [health]
957	957	benefit plan issuer may not deny enrollment of a child under the
958	958	health or dental coverage of the child's parent on the ground that
959	959	the child does not reside in the issuer's service area.
960	960	(b) A [health] benefit plan issuer may not enforce an
961	961	otherwise applicable provision of the health or dental coverage
962	962	that would deny, limit, or reduce payment of a claim for a covered
963	963	child who resides outside the issuer's service area but inside the
964	964	United States.
965	965	(c) For a covered child who resides outside the [health]
966	966	benefit plan issuer's service area and whose coverage under a
967	967	policy or plan is required by a medical support order or dental
968	968	support order, the issuer shall provide coverage that is comparable
969	969	health or dental coverage to that provided to other dependents
970	970	under the policy or plan.
971	971	(d) Comparable health or dental coverage may include
972	972	coverage in which a [health] benefit plan issuer uses different
973	973	procedures for service delivery and health care provider
974	974	reimbursement. Comparable health or dental coverage may not
975	975	include coverage:
976	976	(1) that is limited to emergency services only; or
977	977	(2) for which the issuer charges a higher premium.
978	978	SECTION 64. Section 1504.053, Insurance Code, is amended to
979	979	read as follows:
980	980	Sec. 1504.053. CANCELLATION OR NONRENEWAL OF COVERAGE FOR
981	981	CERTAIN CHILDREN. (a) A [health] benefit plan issuer may not
982	982	cancel or refuse to renew health or dental coverage provided to a
983	983	child who is enrolled or entitled to enrollment under this chapter
984	984	unless satisfactory written evidence is filed with the issuer
985	985	showing that:
986	986	(1) the court or administrative order that required
987	987	the coverage is not in effect; or
988	988	(2) the child:
989	989	(A) is enrolled in comparable health or dental
990	990	coverage; or
991	991	(B) will be enrolled in comparable health or
992	992	dental coverage that takes effect not later than the effective date
993	993	of the cancellation or nonrenewal.
994	994	(b) For purposes of this section, a child is not enrolled or
995	995	entitled to enrollment under this chapter if the child's
996	996	eligibility for health or dental coverage ends because the parent
997	997	ceases to be eligible for dependent health or dental coverage.
998	998	SECTION 65. Section 1504.054, Insurance Code, is amended to
999	999	read as follows:
1000	1000	Sec. 1504.054. CONTINUATION OR CONVERSION OF COVERAGE.
1001	1001	(a) If a child's eligibility for dependent health or dental
1002	1002	coverage ends because the parent ceases to be eligible for the
1003	1003	coverage and the coverage provides for the continuation or
1004	1004	conversion of the coverage for the child, the [health] benefit plan
1005	1005	issuer shall notify the custodial parent and the child support
1006	1006	agency of the costs and other requirements for continuing or
1007	1007	converting the coverage.
1008	1008	(b) The [health] benefit plan issuer shall, on application
1009	1009	of a parent of the child, a child support agency, or the child,
1010	1010	enroll or continue enrollment of a child whose eligibility for
1011	1011	coverage ended under Subsection (a).
1012	1012	SECTION 66. Section 1504.055, Insurance Code, is amended to
1013	1013	read as follows:
1014	1014	Sec. 1504.055. PROCEDURE FOR CLAIMS. (a) A [health]
1015	1015	benefit plan issuer that provides health or dental coverage to a
1016	1016	child through a covered parent of the child shall:
1017	1017	(1) provide to each custodial parent of the child or to
1018	1018	an adult child documents and other information necessary for the
1019	1019	child to obtain benefits under the coverage, including:
1020	1020	(A) the name of the issuer;
1021	1021	(B) the number of the policy or evidence of
1022	1022	coverage;
1023	1023	(C) a copy of the policy or evidence of coverage
1024	1024	and schedule of benefits;
1025	1025	(D) a health or dental coverage membership card;
1026	1026	(E) claim forms; and
1027	1027	(F) any other document or information necessary
1028	1028	to submit a claim in accordance with the issuer's policies and
1029	1029	procedures;
1030	1030	(2) permit a custodial parent, health care provider,
1031	1031	state agency that has been assigned medical or dental support
1032	1032	rights, or adult child to submit claims for covered services
1033	1033	without the approval of the covered parent; and
1034	1034	(3) make payments on covered claims submitted in
1035	1035	accordance with this subsection directly to a custodial parent,
1036	1036	health care or dental care provider, adult child, or state agency
1037	1037	making a claim.
1038	1038	(b) A [health] benefit plan issuer shall provide to a state
1039	1039	agency that provides medical assistance, including medical
1040	1040	assistance for dental services, to the child or shall provide to a
1041	1041	child support agency that enforces medical or dental support on
1042	1042	behalf of a child the information necessary to obtain reimbursement
1043	1043	of medical or dental services provided to or paid on behalf of the
1044	1044	child.
1045	1045	SECTION 67. Section 1504.101, Insurance Code, is amended to
1046	1046	read as follows:
1047	1047	Sec. 1504.101. DENIAL OF ENROLLMENT ON CERTAIN GROUNDS
1048	1048	PROHIBITED. A [health] benefit plan issuer may not deny enrollment
1049	1049	of a child under the health or dental coverage of the child's parent
1050	1050	on the ground that the child:
1051	1051	(1) has a preexisting condition;
1052	1052	(2) was born out of wedlock;
1053	1053	(3) is not claimed as a dependent on the parent's
1054	1054	federal income tax return;
1055	1055	(4) does not reside with the parent; or
1056	1056	(5) receives or has applied for medical assistance.
1057	1057	SECTION 68. Section 1504.102, Insurance Code, is amended to
1058	1058	read as follows:
1059	1059	Sec. 1504.102. ASSIGNMENT OF MEDICAL OR DENTAL SUPPORT
1060	1060	RIGHTS: DIFFERENT REQUIREMENTS PROHIBITED. A [health] benefit
1061	1061	plan issuer may not require a state agency that has been assigned
1062	1062	the rights of an individual who is eligible for medical assistance
1063	1063	and is covered for health or dental benefits from the issuer to
1064	1064	comply with a requirement that is different from a requirement
1065	1065	imposed on an agent or assignee of any other covered individual.
1066	1066	SECTION 69. Section 402.085, Labor Code, is amended to read
1067	1067	as follows:
1068	1068	Sec. 402.085. EXCEPTIONS TO CONFIDENTIALITY. (a) The
1069	1069	division shall release information on a claim to:
1070	1070	(1) the Texas Department of Insurance for any
1071	1071	statutory or regulatory purpose, including a research purpose under
1072	1072	Chapter 405;
1073	1073	(2) a legislative committee for legislative purposes;
1074	1074	(3) a state or federal elected official requested in
1075	1075	writing to provide assistance by a constituent who qualifies to
1076	1076	obtain injury information under Section 402.084(b), if the request
1077	1077	for assistance is provided to the division;
1078	1078	(4) the attorney general or another entity that
1079	1079	provides child support services under Part D, Title IV, Social
1080	1080	Security Act (42 U.S.C. Section 651 et seq.), relating to:
1081	1081	(A) establishing, modifying, or enforcing a
1082	1082	child support, [or] medical support, or dental support obligation;
1083	1083	or
1084	1084	(B) locating an absent parent; or
1085	1085	(5) the office of injured employee counsel for any
1086	1086	statutory or regulatory purpose that relates to a duty of that
1087	1087	office.
1088	1088	(b) The division may release information on a claim to a
1089	1089	governmental agency, political subdivision, or regulatory body to
1090	1090	use to:
1091	1091	(1) investigate an allegation of a criminal offense or
1092	1092	licensing or regulatory violation;
1093	1093	(2) provide:
1094	1094	(A) unemployment compensation benefits;
1095	1095	(B) crime victims compensation benefits;
1096	1096	(C) vocational rehabilitation services; or
1097	1097	(D) health care benefits;
1098	1098	(3) investigate occupational safety or health
1099	1099	violations;
1100	1100	(4) verify income on an application for benefits under
1101	1101	an income-based state or federal assistance program; or
1102	1102	(5) assess financial resources in an action, including
1103	1103	an administrative action, to:
1104	1104	(A) establish, modify, or enforce a child
1105	1105	support, [or] medical support, or dental support obligation;
1106	1106	(B) establish paternity;
1107	1107	(C) locate an absent parent; or
1108	1108	(D) cooperate with another state in an action
1109	1109	authorized under Part D, Title IV, Social Security Act (42 U.S.C.
1110	1110	Section 651 et seq.), or Chapter 231, Family Code.
1111	1111	SECTION 70. (a) The changes in law made by this Act apply
1112	1112	to a suit affecting the parent-child relationship filed on or after
1113	1113	the effective date of this Act. A suit affecting the parent-child
1114	1114	relationship filed before the effective date of this Act is
1115	1115	governed by the law in effect on the date the suit was filed, and the
1116	1116	former law is continued in effect for that purpose.
1117	1117	(b) The change in law made by this Act does not by itself
1118	1118	constitute a material and substantial change of circumstances under
1119	1119	Section 156.401, Family Code, sufficient to warrant modification of
1120	1120	a court order or a portion of a decree that provides for the support
1121	1121	of a child rendered before the effective date of this Act.
1122	1122	SECTION 71. This Act takes effect September 1, 2011.