Texas 2013 - 83rd Regular

Texas Senate Bill SB774 Compare Versions

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Old	New	Differences
1	1	83R30035 KKA-F
2	2	By: Uresti S.B. No. 774
3	3	(Guillen)
4	4	Substitute the following for S.B. No. 774: No.
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to requiring dental support for a child subject to a child
10	10	support order.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subsection (e), Section 54.06, Family Code, is
13	13	amended to read as follows:
14	14	(e) The court shall apply the child support guidelines under
15	15	Subchapter C, Chapter 154, in an order requiring the payment of
16	16	child support under this section. The court shall also require in
17	17	an order to pay child support under this section that health
18	18	insurance and dental insurance be provided for the child.
19	19	Subchapter D, Chapter 154, applies to an order requiring health
20	20	insurance and dental insurance for a child under this section.
21	21	SECTION 2. Section 101.006, Family Code, is amended to read
22	22	as follows:
23	23	Sec. 101.006. CHILD SUPPORT SERVICES. "Child support
24	24	services" means administrative or court actions to:
25	25	(1) establish paternity;
26	26	(2) establish, modify, or enforce child support, [or]
27	27	medical support, or dental support obligations;
28	28	(3) locate absent parents; or
29	29	(4) cooperate with other states in these actions and
30	30	any other action authorized or required under Part D of Title IV of
31	31	the federal Social Security Act (42 U.S.C. Section 651 et seq.) or
32	32	Chapter 231.
33	33	SECTION 3. Chapter 101, Family Code, is amended by adding
34	34	Sections 101.0094 and 101.0095 to read as follows:
35	35	Sec. 101.0094. DENTAL INSURANCE. "Dental insurance" means
36	36	insurance coverage that provides preventive dental care and other
37	37	dental services, including usual dentist services, office visits,
38	38	examinations, X-rays, and emergency services, that may be provided
39	39	through a single service health maintenance organization or other
40	40	private or public organization.
41	41	Sec. 101.0095. DENTAL SUPPORT. "Dental support" means
42	42	periodic payments or a lump-sum payment made under an order to cover
43	43	dental expenses, including dental insurance coverage, incurred for
44	44	the benefit of a child.
45	45	SECTION 4. Section 101.012, Family Code, is amended to read
46	46	as follows:
47	47	Sec. 101.012. EMPLOYER. "Employer" means a person,
48	48	corporation, partnership, workers' compensation insurance carrier,
49	49	governmental entity, the United States, or any other entity that
50	50	pays or owes earnings to an individual. The term includes, for the
51	51	purposes of enrolling dependents in a group health or dental
52	52	insurance plan, a union, trade association, or other similar
53	53	organization.
54	54	SECTION 5. Subsection (b), Section 101.024, Family Code, is
55	55	amended to read as follows:
56	56	(b) For purposes of establishing, determining the terms of,
57	57	modifying, or enforcing an order, a reference in this title to a
58	58	parent includes a person ordered to pay child support under Section
59	59	154.001(a-1) or to provide medical support or dental support for a
60	60	child.
61	61	SECTION 6. Section 101.034, Family Code, is amended to read
62	62	as follows:
63	63	Sec. 101.034. TITLE IV-D CASE. "Title IV-D case" means an
64	64	action in which services are provided by the Title IV-D agency under
65	65	Part D, Title IV, of the federal Social Security Act (42 U.S.C.
66	66	Section 651 et seq.), relating to the location of an absent parent,
67	67	determination of parentage, or establishment, modification, or
68	68	enforcement of a child support, [or] medical support, or dental
69	69	support obligation.
70	70	SECTION 7. Section 153.611, Family Code, is amended to read
71	71	as follows:
72	72	Sec. 153.611. EXCEPTION FOR CERTAIN TITLE IV-D PROCEEDINGS.
73	73	Notwithstanding any other provision of this subchapter, this
74	74	subchapter does not apply to a proceeding in a Title IV-D case
75	75	relating to the determination of parentage or establishment,
76	76	modification, or enforcement of a child support, [or] medical
77	77	support, or dental support obligation.
78	78	SECTION 8. Section 154.008, Family Code, is amended to read
79	79	as follows:
80	80	Sec. 154.008. PROVISION FOR MEDICAL SUPPORT AND DENTAL
81	81	SUPPORT. The court shall order medical support and dental support
82	82	for the child as provided by Subchapters B and D.
83	83	SECTION 9. Subsection (c), Section 154.015, Family Code, is
84	84	amended to read as follows:
85	85	(c) For purposes of this section, the court of continuing
86	86	jurisdiction shall determine the amount of the unpaid child support
87	87	obligation for each child of the deceased obligor. In determining
88	88	the amount of the unpaid child support obligation, the court shall
89	89	consider all relevant factors, including:
90	90	(1) the present value of the total amount of monthly
91	91	periodic child support payments that would become due between the
92	92	month in which the obligor dies and the month in which the child
93	93	turns 18 years of age, based on the amount of the periodic monthly
94	94	child support payments under the child support order in effect on
95	95	the date of the obligor's death;
96	96	(2) the present value of the total amount of health
97	97	insurance and dental insurance premiums payable for the benefit of
98	98	the child from the month in which the obligor dies until the month
99	99	in which the child turns 18 years of age, based on the cost of health
100	100	insurance and dental insurance for the child ordered to be paid on
101	101	the date of the obligor's death;
102	102	(3) in the case of a disabled child under 18 years of
103	103	age or an adult disabled child, an amount to be determined by the
104	104	court under Section 154.306;
105	105	(4) the nature and amount of any benefit to which the
106	106	child would be entitled as a result of the obligor's death,
107	107	including life insurance proceeds, annuity payments, trust
108	108	distributions, social security death benefits, and retirement
109	109	survivor benefits; and
110	110	(5) any other financial resource available for the
111	111	support of the child.
112	112	SECTION 10. Subsection (b), Section 154.016, Family Code,
113	113	is amended to read as follows:
114	114	(b) In determining the nature and extent of the obligation
115	115	to provide for the support of the child in the event of the death of
116	116	the obligor, the court shall consider all relevant factors,
117	117	including:
118	118	(1) the present value of the total amount of monthly
119	119	periodic child support payments from the date the child support
120	120	order is rendered until the month in which the child turns 18 years
121	121	of age, based on the amount of the periodic monthly child support
122	122	payment under the child support order;
123	123	(2) the present value of the total amount of health
124	124	insurance and dental insurance premiums payable for the benefit of
125	125	the child from the date the child support order is rendered until
126	126	the month in which the child turns 18 years of age, based on the cost
127	127	of health insurance and dental insurance for the child ordered to be
128	128	paid; and
129	129	(3) in the case of a disabled child under 18 years of
130	130	age or an adult disabled child, an amount to be determined by the
131	131	court under Section 154.306.
132	132	SECTION 11. Subsections (d) and (e), Section 154.062,
133	133	Family Code, are amended to read as follows:
134	134	(d) The court shall deduct the following items from
135	135	resources to determine the net resources available for child
136	136	support:
137	137	(1) social security taxes;
138	138	(2) federal income tax based on the tax rate for a
139	139	single person claiming one personal exemption and the standard
140	140	deduction;
141	141	(3) state income tax;
142	142	(4) union dues;
143	143	(5) expenses for the cost of health insurance, dental
144	144	insurance, or cash medical support for the obligor's child ordered
145	145	by the court under Sections [Section] 154.182 and 154.1825; and
146	146	(6) if the obligor does not pay social security taxes,
147	147	nondiscretionary retirement plan contributions.
148	148	(e) In calculating the amount of the deduction for health
149	149	care or dental coverage for a child under Subsection (d)(5), if the
150	150	obligor has other minor dependents covered under the same health or
151	151	dental insurance plan, the court shall divide the total cost to the
152	152	obligor for the insurance by the total number of minor dependents,
153	153	including the child, covered under the plan.
154	154	SECTION 12. Section 154.064, Family Code, is amended to
155	155	read as follows:
156	156	Sec. 154.064. MEDICAL SUPPORT AND DENTAL SUPPORT FOR CHILD
157	157	PRESUMPTIVELY PROVIDED BY OBLIGOR. The guidelines for support of a
158	158	child are based on the assumption that the court will order the
159	159	obligor to provide medical support and dental support for the child
160	160	in addition to the amount of child support calculated in accordance
161	161	with those guidelines.
162	162	SECTION 13. The heading to Subchapter D, Chapter 154,
163	163	Family Code, is amended to read as follows:
164	164	SUBCHAPTER D. MEDICAL SUPPORT AND DENTAL SUPPORT FOR CHILD
165	165	SECTION 14. Subchapter D, Chapter 154, Family Code, is
166	166	amended by adding Section 154.1815 to read as follows:
167	167	Sec. 154.1815. DENTAL SUPPORT ORDER. (a) In this section,
168	168	"reasonable cost" means the cost of a dental insurance premium that
169	169	does not exceed 1.5 percent of the obligor's annual resources, as
170	170	described by Section 154.062(b), if the obligor is responsible
171	171	under a dental support order for the cost of dental insurance
172	172	coverage for only one child. If the obligor is responsible under a
173	173	dental support order for the cost of dental insurance coverage for
174	174	more than one child, "reasonable cost" means the total cost of
175	175	dental insurance coverage for all children for which the obligor is
176	176	responsible under a dental support order that does not exceed 1.5
177	177	percent of the obligor's annual resources, as described by Section
178	178	154.062(b).
179	179	(b) In a suit affecting the parent-child relationship or in
180	180	a proceeding under Chapter 159, the court shall render an order for
181	181	the dental support of the child as provided by this section and
182	182	Section 154.1825.
183	183	(c) Before a hearing on temporary orders, or a final order
184	184	if no hearing on temporary orders is held, the court shall require
185	185	the parties to the proceedings to disclose in a pleading or other
186	186	document whether the child is covered by dental insurance and, if
187	187	the child is covered, the identity of the insurer providing the
188	188	coverage, the policy number, which parent is responsible for
189	189	payment of any insurance premium for the coverage, whether the
190	190	coverage is provided through a parent's employment, and the cost of
191	191	the premium. If dental insurance is not in effect for the child,
192	192	the parties must disclose to the court whether either parent has
193	193	access to dental insurance at a reasonable cost to the obligor.
194	194	(d) In rendering temporary orders, the court shall, except
195	195	for good cause shown, order that any dental insurance coverage in
196	196	effect for the child continue in effect pending the rendition of a
197	197	final order, except that the court may not require the continuation
198	198	of any dental insurance that is not available to the parent at a
199	199	reasonable cost to the obligor. If dental insurance coverage is not
200	200	in effect for the child or if the insurance in effect is not
201	201	available at a reasonable cost to the obligor, the court shall,
202	202	except for good cause shown, order dental insurance coverage for
203	203	the child as provided by Section 154.1825.
204	204	(e) On rendering a final order the court shall:
205	205	(1) make specific findings with respect to the manner
206	206	in which dental insurance coverage is to be provided for the child,
207	207	in accordance with the priorities identified under Section
208	208	154.1825; and
209	209	(2) except for good cause shown or on agreement of the
210	210	parties, require the parent ordered to provide dental insurance
211	211	coverage for the child as provided by Section 154.1825 to produce
212	212	evidence to the court's satisfaction that the parent has applied
213	213	for or secured dental insurance or has otherwise taken necessary
214	214	action to provide for dental insurance coverage for the child, as
215	215	ordered by the court.
216	216	SECTION 15. Subchapter D, Chapter 154, Family Code, is
217	217	amended by adding Section 154.1825 to read as follows:
218	218	Sec. 154.1825. DENTAL CARE COVERAGE FOR CHILD. (a) In
219	219	this section:
220	220	(1) "Accessibility" means the extent to which dental
221	221	insurance coverage for a child provides for the availability of
222	222	dental care within a reasonable traveling distance and time from
223	223	the child's primary residence, as determined by the court.
224	224	(2) "Reasonable cost" has the meaning assigned by
225	225	Section 154.1815(a).
226	226	(b) The court shall consider the cost, accessibility, and
227	227	quality of dental insurance coverage available to the parties and
228	228	shall give priority to dental insurance coverage available through
229	229	the employment of one of the parties if the coverage is available at
230	230	a reasonable cost to the obligor.
231	231	(c) In determining the manner in which dental care coverage
232	232	for the child is to be ordered, the court shall render its order in
233	233	accordance with the following priorities, unless a party shows good
234	234	cause why a particular order is not in the best interest of the
235	235	child:
236	236	(1) if dental insurance is available for the child
237	237	through a parent's employment or membership in a union, trade
238	238	association, or other organization at reasonable cost, the court
239	239	shall order that parent to include the child in the parent's dental
240	240	insurance; or
241	241	(2) if dental insurance is not available for the child
242	242	under Subdivision (1) but is available to a parent from another
243	243	source and at a reasonable cost, the court may order that parent to
244	244	provide dental insurance for the child.
245	245	(d) If the parent ordered to provide dental insurance under
246	246	Subsection (c)(1) or (2) is the obligee, the court shall order the
247	247	obligor to pay the obligee, as additional child support, an amount
248	248	equal to the actual cost of dental insurance for the child, but not
249	249	to exceed a reasonable cost to the obligor. In calculating the
250	250	actual cost of dental insurance for the child, if the obligee has
251	251	other minor dependents covered under the same dental insurance
252	252	plan, the court shall divide the total cost to the obligee for the
253	253	insurance by the total number of minor dependents, including the
254	254	child covered under the plan.
255	255	SECTION 16. Section 154.183, Family Code, is amended to
256	256	read as follows:
257	257	Sec. 154.183. MEDICAL AND DENTAL SUPPORT ADDITIONAL SUPPORT
258	258	DUTY OF OBLIGOR. (a) An amount that an obligor is ordered to pay
259	259	as medical support or dental support for the child under this
260	260	chapter, including the costs of health insurance coverage or cash
261	261	medical support under Section 154.182 and the costs of dental
262	262	insurance under Section 154.1825:
263	263	(1) is in addition to the amount that the obligor is
264	264	required to pay for child support under the guidelines for child
265	265	support;
266	266	(2) is a child support obligation; and
267	267	(3) may be enforced by any means available for the
268	268	enforcement of child support, including withholding from earnings
269	269	under Chapter 158.
270	270	(b) If the court finds and states in the child support order
271	271	that the obligee will maintain health insurance coverage, dental
272	272	insurance coverage, or both, for the child at the obligee's
273	273	expense, the court shall increase the amount of child support to be
274	274	paid by the obligor in an amount not exceeding the actual cost to
275	275	the obligee for maintaining the [health insurance] coverage, as
276	276	provided under Sections [Section] 154.182(b-1) and 154.1825(d).
277	277	(c) As additional child support, the court shall allocate
278	278	between the parties, according to their circumstances:
279	279	(1) the reasonable and necessary health care expenses,
280	280	including vision and dental expenses, of the child that are not
281	281	reimbursed by health or dental insurance or are not otherwise
282	282	covered by the amount of cash medical support ordered under Section
283	283	154.182 [154.182(b)(3)]; and
284	284	(2) amounts paid by either party as deductibles or
285	285	copayments in obtaining health care or dental care services for the
286	286	child covered under a health insurance or dental insurance policy.
287	287	SECTION 17. Subsections (a) and (b), Section 154.184,
288	288	Family Code, are amended to read as follows:
289	289	(a) Receipt of a medical support order requiring that health
290	290	insurance be provided for a child or a dental support order
291	291	requiring that dental insurance be provided for a child shall be
292	292	considered a change in the family circumstances of the employee or
293	293	member, for health insurance purposes and dental insurance
294	294	purposes, equivalent to the birth or adoption of a child.
295	295	(b) If the employee or member is eligible for dependent
296	296	health coverage or dependent dental coverage, the employer shall
297	297	automatically enroll the child for the first 31 days after the
298	298	receipt of the order or notice of the medical support order or the
299	299	dental support order under Section 154.186 on the same terms and
300	300	conditions as apply to any other dependent child.
301	301	SECTION 18. Section 154.185, Family Code, is amended to
302	302	read as follows:
303	303	Sec. 154.185. PARENT TO FURNISH INFORMATION. (a) The
304	304	court shall order a parent providing health insurance or dental
305	305	insurance to furnish to either the obligee, obligor, or child
306	306	support agency the following information not later than the 30th
307	307	day after the date the notice of rendition of the order is received:
308	308	(1) the social security number of the parent;
309	309	(2) the name and address of the parent's employer;
310	310	(3) with regard to health insurance:
311	311	(A) whether the employer is self-insured or has
312	312	health insurance available;
313	313	(B) [(4)] proof that health insurance has been
314	314	provided for the child;
315	315	(C) [(5)] if the employer has health insurance
316	316	available, the name of the health insurance carrier, the number of
317	317	the policy, a copy of the policy and schedule of benefits, a health
318	318	insurance membership card, claim forms, and any other information
319	319	necessary to submit a claim; and
320	320	(D) [(6)] if the employer is self-insured, a copy
321	321	of the schedule of benefits, a membership card, claim forms, and any
322	322	other information necessary to submit a claim; and
323	323	(4) with regard to dental insurance:
324	324	(A) whether the employer is self-insured or has
325	325	dental insurance available;
326	326	(B) proof that dental insurance has been provided
327	327	for the child;
328	328	(C) if the employer has dental insurance
329	329	available, the name of the dental insurance carrier, the number of
330	330	the policy, a copy of the policy and schedule of benefits, a dental
331	331	insurance membership card, claim forms, and any other information
332	332	necessary to submit a claim; and
333	333	(D) if the employer is self-insured, a copy of
334	334	the schedule of benefits, a membership card, claim forms, and any
335	335	other information necessary to submit a claim.
336	336	(b) The court shall also order a parent providing health
337	337	insurance or dental insurance to furnish the obligor, obligee, or
338	338	child support agency with additional information regarding the
339	339	health insurance coverage or dental insurance coverage not later
340	340	than the 15th day after the date the information is received by the
341	341	parent.
342	342	SECTION 19. The heading to Section 154.186, Family Code, is
343	343	amended to read as follows:
344	344	Sec. 154.186. NOTICE TO EMPLOYER CONCERNING MEDICAL SUPPORT
345	345	OR DENTAL SUPPORT.
346	346	SECTION 20. Subsection (a), Section 154.186, Family Code,
347	347	is amended to read as follows:
348	348	(a) The obligee, obligor, or a child support agency of this
349	349	state or another state may send to the employer a copy of the order
350	350	requiring an employee to provide health insurance coverage or
351	351	dental insurance coverage for a child or may include notice of the
352	352	medical support order or dental support order in an order or writ of
353	353	withholding sent to the employer in accordance with Chapter 158.
354	354	SECTION 21. Subsections (a), (b), (c), (d), (e), and (g),
355	355	Section 154.187, Family Code, are amended to read as follows:
356	356	(a) An order or notice under this subchapter to an employer
357	357	directing that health insurance coverage or dental insurance
358	358	coverage be provided to a child of an employee or member is binding
359	359	on a current or subsequent employer on receipt without regard to the
360	360	date the order was rendered. If the employee or member is eligible
361	361	for dependent health coverage or dental coverage for the child, the
362	362	employer shall immediately enroll the child in a health insurance
363	363	plan or dental insurance plan regardless of whether the employee is
364	364	enrolled in the plan. If dependent coverage is not available to the
365	365	employee or member through the employer's health insurance plan or
366	366	dental insurance plan or enrollment cannot be made permanent or if
367	367	the employer is not responsible or otherwise liable for providing
368	368	such coverage, the employer shall provide notice to the sender in
369	369	accordance with Subsection (c).
370	370	(b) If additional premiums are incurred as a result of
371	371	adding the child to the health insurance plan or the dental
372	372	insurance plan, the employer shall deduct the health insurance
373	373	premium or the dental insurance premium from the earnings of the
374	374	employee in accordance with Chapter 158 and apply the amount
375	375	withheld to payment of the insurance premium.
376	376	(c) An employer who has received an order or notice under
377	377	this subchapter shall provide to the sender, by first class mail not
378	378	later than the 40th day after the date the employer receives the
379	379	order or notice, a statement that the child:
380	380	(1) has been enrolled in the employer's health
381	381	insurance plan or dental insurance plan, or is already enrolled in
382	382	another health insurance plan or dental insurance plan in
383	383	accordance with a previous child support, [or] medical support, or
384	384	dental support order to which the employee is subject; or
385	385	(2) cannot be enrolled or cannot be enrolled
386	386	permanently in the employer's health insurance plan or dental
387	387	insurance plan and provide the reason why coverage or permanent
388	388	coverage cannot be provided.
389	389	(d) If the employee ceases employment or if the health
390	390	insurance coverage or dental insurance coverage lapses, the
391	391	employer shall provide to the sender, by first class mail not later
392	392	than the 15th day after the date of the termination of employment or
393	393	the lapse of the coverage, notice of the termination or lapse and of
394	394	the availability of any conversion privileges.
395	395	(e) On request, the employer shall release to the sender
396	396	information concerning the available health insurance coverage or
397	397	dental insurance coverage, including the name of the health
398	398	insurance carrier or dental insurance carrier, the policy number, a
399	399	copy of the policy and schedule of benefits, a health insurance or
400	400	dental insurance membership card, and claim forms.
401	401	(g) An employer who fails to enroll a child, fails to
402	402	withhold or remit premiums or cash medical support, or
403	403	discriminates in hiring or employment on the basis of a medical
404	404	support order or notice or a dental support order or notice under
405	405	this subchapter shall be subject to the penalties and fines in
406	406	Subchapter C, Chapter 158.
407	407	SECTION 22. Section 154.188, Family Code, is amended to
408	408	read as follows:
409	409	Sec. 154.188. FAILURE TO PROVIDE OR PAY FOR REQUIRED HEALTH
410	410	INSURANCE OR DENTAL INSURANCE. A parent ordered to provide health
411	411	insurance or dental insurance or to pay the other parent additional
412	412	child support for the cost of health insurance or dental insurance
413	413	who fails to do so is liable for:
414	414	(1) necessary medical expenses or dental expenses of
415	415	the child, without regard to whether the expenses would have been
416	416	paid if health insurance or dental insurance had been provided; and
417	417	(2) the cost of health insurance premiums, dental
418	418	insurance premiums, or contributions, if any, paid on behalf of the
419	419	child.
420	420	SECTION 23. Section 154.189, Family Code, is amended to
421	421	read as follows:
422	422	Sec. 154.189. NOTICE OF TERMINATION OR LAPSE OF INSURANCE
423	423	COVERAGE. (a) An obligor ordered to provide health insurance
424	424	coverage or dental insurance coverage for a child must notify the
425	425	obligee and any child support agency enforcing a support obligation
426	426	against the obligor of the:
427	427	(1) termination or lapse of health insurance coverage
428	428	or dental insurance coverage for the child not later than the 15th
429	429	day after the date of a termination or lapse; and
430	430	(2) availability of additional health insurance or
431	431	dental insurance to the obligor for the child after a termination or
432	432	lapse of coverage not later than the 15th day after the date the
433	433	insurance becomes available.
434	434	(b) If termination of coverage results from a change of
435	435	employers, the obligor, the obligee, or the child support agency
436	436	may send the new employer a copy of the order requiring the employee
437	437	to provide health insurance or dental insurance for a child or
438	438	notice of the medical support order or the dental support order as
439	439	provided by this subchapter.
440	440	SECTION 24. Section 154.190, Family Code, is amended to
441	441	read as follows:
442	442	Sec. 154.190. REENROLLING CHILD FOR INSURANCE COVERAGE.
443	443	After health insurance or dental insurance has been terminated or
444	444	has lapsed, an obligor ordered to provide health insurance coverage
445	445	or dental insurance coverage for the child must enroll the child in
446	446	a health insurance plan or a dental insurance plan at the next
447	447	available enrollment period.
448	448	SECTION 25. Section 154.191, Family Code, is amended to
449	449	read as follows:
450	450	Sec. 154.191. REMEDY NOT EXCLUSIVE. (a) This subchapter
451	451	does not limit the rights of the obligor, obligee, local domestic
452	452	relations office, or Title IV-D agency to enforce, modify, or
453	453	clarify the medical support order or dental support order.
454	454	(b) This subchapter does not limit the authority of the
455	455	court to render or modify a medical support order or dental support
456	456	order to provide for payment of uninsured health expenses, health
457	457	care costs, [or] health insurance premiums, uninsured dental
458	458	expenses, dental costs, or dental insurance premiums in a manner
459	459	consistent with this subchapter.
460	460	SECTION 26. Section 154.192, Family Code, is amended to
461	461	read as follows:
462	462	Sec. 154.192. CANCELLATION OR ELIMINATION OF INSURANCE
463	463	COVERAGE FOR CHILD. [(a)] Unless the employee or member ceases to
464	464	be eligible for dependent coverage, or the employer has eliminated
465	465	dependent health coverage or dental coverage for all of the
466	466	employer's employees or members, the employer may not cancel or
467	467	eliminate coverage of a child enrolled under this subchapter until
468	468	the employer is provided satisfactory written evidence that:
469	469	(1) the court order or administrative order requiring
470	470	the coverage is no longer in effect; or
471	471	(2) the child is enrolled in comparable [health]
472	472	insurance coverage or will be enrolled in comparable coverage that
473	473	will take effect not later than the effective date of the
474	474	cancellation or elimination of the employer's coverage.
475	475	SECTION 27. The heading to Section 154.193, Family Code, is
476	476	amended to read as follows:
477	477	Sec. 154.193. MEDICAL SUPPORT ORDER OR DENTAL SUPPORT ORDER
478	478	NOT QUALIFIED.
479	479	SECTION 28. Subsection (a), Section 154.193, Family Code,
480	480	is amended to read as follows:
481	481	(a) If a plan administrator or other person acting in an
482	482	equivalent position determines that a medical support order or
483	483	dental support order issued under this subchapter does not qualify
484	484	for enforcement under federal law, the tribunal may, on its own
485	485	motion or the motion of a party, render an order that qualifies for
486	486	enforcement under federal law.
487	487	SECTION 29. Subsections (a) and (a-2), Section 156.401,
488	488	Family Code, are amended to read as follows:
489	489	(a) Except as provided by Subsection (a-1), (a-2), or (b),
490	490	the court may modify an order that provides for the support of a
491	491	child, including an order for health care coverage under Section
492	492	154.182 or an order for dental care coverage under Section
493	493	154.1825, if:
494	494	(1) the circumstances of the child or a person
495	495	affected by the order have materially and substantially changed
496	496	since the earlier of:
497	497	(A) the date of the order's rendition; or
498	498	(B) the date of the signing of a mediated or
499	499	collaborative law settlement agreement on which the order is based;
500	500	or
501	501	(2) it has been three years since the order was
502	502	rendered or last modified and the monthly amount of the child
503	503	support award under the order differs by either 20 percent or $100
504	504	from the amount that would be awarded in accordance with the child
505	505	support guidelines.
506	506	(a-2) A court or administrative order for child support in a
507	507	Title IV-D case may be modified as provided under Section
508	508	233.013(c) to provide for medical support or dental support for
509	509	[of] a child.
510	510	SECTION 30. Section 157.269, Family Code, is amended to
511	511	read as follows:
512	512	Sec. 157.269. RETENTION OF JURISDICTION. A court that
513	513	renders an order providing for the payment of child support retains
514	514	continuing jurisdiction to enforce the order, including by
515	515	adjusting the amount of the periodic payments to be made by the
516	516	obligor or the amount to be withheld from the obligor's disposable
517	517	earnings, until all current support, [and] medical support, dental
518	518	support, and child support arrearages, including interest and any
519	519	applicable fees and costs, have been paid.
520	520	SECTION 31. Subsections (a) and (b), Section 158.206,
521	521	Family Code, are amended to read as follows:
522	522	(a) An employer receiving an order or a writ of withholding
523	523	under this chapter, including an order or writ directing that
524	524	health insurance or dental insurance be provided to a child, who
525	525	complies with the order or writ is not liable to the obligor for the
526	526	amount of income withheld and paid as required by the order or writ.
527	527	(b) An employer receiving an order or writ of withholding
528	528	who does not comply with the order or writ is liable:
529	529	(1) to the obligee for the amount not paid in
530	530	compliance with the order or writ, including the amount the obligor
531	531	is required to pay for health insurance or dental insurance under
532	532	Chapter 154;
533	533	(2) to the obligor for:
534	534	(A) the amount withheld and not paid as required
535	535	by the order or writ; and
536	536	(B) an amount equal to the interest that accrues
537	537	under Section 157.265 on the amount withheld and not paid; and
538	538	(3) for reasonable attorney's fees and court costs.
539	539	SECTION 32. Section 158.302, Family Code, is amended to
540	540	read as follows:
541	541	Sec. 158.302. CONTENTS OF NOTICE OF APPLICATION FOR
542	542	JUDICIAL WRIT OF WITHHOLDING. The notice of application for
543	543	judicial writ of withholding shall be verified and:
544	544	(1) state the amount of monthly support due, including
545	545	medical support and dental support, the amount of arrearages or
546	546	anticipated arrearages, including accrued interest, and the amount
547	547	of wages that will be withheld in accordance with a judicial writ of
548	548	withholding;
549	549	(2) state that the withholding applies to each current
550	550	or subsequent employer or period of employment;
551	551	(3) state that if the obligor does not contest the
552	552	withholding within 10 days after the date of receipt of the notice,
553	553	the obligor's employer will be notified to begin the withholding;
554	554	(4) describe the procedures for contesting the
555	555	issuance and delivery of a writ of withholding;
556	556	(5) state that if the obligor contests the
557	557	withholding, the obligor will be afforded an opportunity for a
558	558	hearing by the court not later than the 30th day after the date of
559	559	receipt of the notice of contest;
560	560	(6) state that the sole ground for successfully
561	561	contesting the issuance of a writ of withholding is a dispute
562	562	concerning the identity of the obligor or the existence or amount of
563	563	the arrearages, including accrued interest;
564	564	(7) describe the actions that may be taken if the
565	565	obligor contests the notice of application for judicial writ of
566	566	withholding, including the procedures for suspending issuance of a
567	567	writ of withholding; and
568	568	(8) include with the notice a suggested form for the
569	569	motion to stay issuance and delivery of the judicial writ of
570	570	withholding that the obligor may file with the clerk of the
571	571	appropriate court.
572	572	SECTION 33. Subsection (c), Section 158.309, Family Code,
573	573	is amended to read as follows:
574	574	(c) Upon hearing, the court shall:
575	575	(1) render an order for income withholding that
576	576	includes a determination of the amount of child support arrearages,
577	577	including medical support, dental support, and interest; or
578	578	(2) grant the motion to stay.
579	579	SECTION 34. Subsection (a), Section 158.312, Family Code,
580	580	is amended to read as follows:
581	581	(a) If a notice of application for judicial writ of
582	582	withholding is delivered and a motion to stay is not filed within
583	583	the time limits provided by Section 158.307, the party who filed the
584	584	notice shall file with the clerk of the court a request for issuance
585	585	of the writ of withholding stating the amount of current support,
586	586	including medical support and dental support, the amount of
587	587	arrearages, and the amount to be withheld from the obligor's
588	588	income.
589	589	SECTION 35. Section 158.314, Family Code, is amended to
590	590	read as follows:
591	591	Sec. 158.314. CONTENTS OF WRIT OF WITHHOLDING. The
592	592	judicial writ of income withholding issued by the clerk must direct
593	593	that the employer or a subsequent employer withhold from the
594	594	obligor's disposable income for current child support, including
595	595	medical support and dental support, and child support arrearages an
596	596	amount that is consistent with the provisions of this chapter
597	597	regarding orders of withholding.
598	598	SECTION 36. Subsection (a), Section 158.502, Family Code,
599	599	is amended to read as follows:
600	600	(a) An administrative writ of withholding under this
601	601	subchapter may be issued by the Title IV-D agency at any time until
602	602	all current support, including medical support and dental support,
603	603	[and] child support arrearages, and Title IV-D service fees
604	604	authorized under Section 231.103 for which the obligor is
605	605	responsible[,] have been paid. The writ issued under this
606	606	subsection may be based on an obligation in more than one support
607	607	order.
608	608	SECTION 37. Subsection (b), Section 158.504, Family Code,
609	609	is amended to read as follows:
610	610	(b) An administrative writ of withholding issued under this
611	611	subchapter may contain only the information that is necessary for
612	612	the employer to withhold income for child support, [and] medical
613	613	support, and dental support and shall specify the place where the
614	614	withheld income is to be paid.
615	615	SECTION 38. Section 158.507, Family Code, is amended to
616	616	read as follows:
617	617	Sec. 158.507. ADMINISTRATIVE WRIT TERMINATING WITHHOLDING.
618	618	An administrative writ to terminate withholding may be issued and
619	619	delivered to an employer by the Title IV-D agency when all current
620	620	support, including medical support and dental support, [and] child
621	621	support arrearages, and Title IV-D service fees authorized under
622	622	Section 231.103 for which the obligor is responsible[,] have been
623	623	paid.
624	624	SECTION 39. Subsection (c), Section 159.502, Family Code,
625	625	is amended to read as follows:
626	626	(c) Except as otherwise provided in Subsection (d) and
627	627	Section 159.503, the employer shall withhold and distribute the
628	628	funds as directed in the withholding order by complying with terms
629	629	of the order that specify:
630	630	(1) the duration and amount of periodic payments of
631	631	current child support, stated as a sum certain;
632	632	(2) the person designated to receive payments and the
633	633	address to which the payments are to be forwarded;
634	634	(3) medical support and dental support, whether in the
635	635	form of periodic cash payments, stated as a sum certain, or ordering
636	636	the obligor to provide health insurance coverage or dental
637	637	insurance coverage for the child under a policy available through
638	638	the obligor's employment;
639	639	(4) the amount of periodic payments of fees and costs
640	640	for a support enforcement agency, the issuing tribunal, and the
641	641	obligee's attorney, stated as sums certain; and
642	642	(5) the amount of periodic payments of arrearages and
643	643	interest on arrearages, stated as sums certain.
644	644	SECTION 40. The heading to Section 231.0011, Family Code,
645	645	is amended to read as follows:
646	646	Sec. 231.0011. DEVELOPMENT OF STATEWIDE INTEGRATED SYSTEM
647	647	FOR CHILD SUPPORT, [AND] MEDICAL SUPPORT, AND DENTAL SUPPORT
648	648	ENFORCEMENT.
649	649	SECTION 41. Subsections (a) and (g), Section 231.0011,
650	650	Family Code, are amended to read as follows:
651	651	(a) The Title IV-D agency shall have final approval
652	652	authority on any contract or proposal for delivery of Title IV-D
653	653	services under this section and in coordination with the Texas
654	654	Judicial Council, the Office of Court Administration of the Texas
655	655	Judicial System, the federal Office of Child Support Enforcement,
656	656	and state, county, and local officials, shall develop and implement
657	657	a statewide integrated system for child support, [and] medical
658	658	support, and dental support enforcement, employing federal, state,
659	659	local, and private resources to:
660	660	(1) unify child support registry functions;
661	661	(2) record and track all child support orders entered
662	662	in the state;
663	663	(3) establish an automated enforcement process which
664	664	will use delinquency monitoring, billing, and other enforcement
665	665	techniques to ensure the payment of current support;
666	666	(4) incorporate existing enforcement resources into
667	667	the system to obtain maximum benefit from state and federal
668	668	funding; and
669	669	(5) ensure accountability for all participants in the
670	670	process, including state, county, and local officials, private
671	671	contractors, and the judiciary.
672	672	(g) Participation in the statewide integrated system for
673	673	child support, [and] medical support, and dental support
674	674	enforcement by a county is voluntary, and nothing in this section
675	675	shall be construed to mandate participation.
676	676	SECTION 42. Subsection (e), Section 231.002, Family Code,
677	677	is amended to read as follows:
678	678	(e) The Title IV-D agency may take the following
679	679	administrative actions with respect to the location of a parent,
680	680	the determination of parentage, and the establishment,
681	681	modification, and enforcement of child support, [and] medical
682	682	support, and dental support orders required by 42 U.S.C. Section
683	683	666(c), without obtaining an order from any other judicial or
684	684	administrative tribunal:
685	685	(1) issue an administrative subpoena, as provided by
686	686	Section 231.303, to obtain financial or other information;
687	687	(2) order genetic testing for parentage
688	688	determination, as provided by Chapter 233;
689	689	(3) order income withholding, as provided by Chapter
690	690	233, and issue an administrative writ of withholding, as provided
691	691	by Chapter 158; and
692	692	(4) take any action with respect to execution,
693	693	collection, and release of a judgment or lien for child support
694	694	necessary to satisfy the judgment or lien, as provided by Chapter
695	695	157.
696	696	SECTION 43. Subsection (a), Section 231.101, Family Code,
697	697	is amended to read as follows:
698	698	(a) The Title IV-D agency may provide all services required
699	699	or authorized to be provided by Part D of Title IV of the federal
700	700	Social Security Act (42 U.S.C. Section 651 et seq.), including:
701	701	(1) parent locator services;
702	702	(2) paternity determination;
703	703	(3) child support, [and] medical support, and dental
704	704	support establishment;
705	705	(4) review and adjustment of child support orders;
706	706	(5) enforcement of child support, [and] medical
707	707	support, and dental support orders; and
708	708	(6) collection and distribution of child support
709	709	payments.
710	710	SECTION 44. Subsection (b), Section 231.104, Family Code,
711	711	is amended to read as follows:
712	712	(b) An application for child support services is an
713	713	assignment of support rights to enable the Title IV-D agency to
714	714	establish and enforce child support, [and] medical support, and
715	715	dental support obligations, but an assignment is not a condition of
716	716	eligibility for services.
717	717	SECTION 45. Subsection (a), Section 231.123, Family Code,
718	718	is amended to read as follows:
719	719	(a) In order to maximize the amount of any tax refund to
720	720	which an obligor may be entitled and which may be applied to child
721	721	support, [and] medical support, and dental support obligations, the
722	722	Title IV-D agency shall cooperate with volunteer income tax
723	723	assistance programs in the state in informing obligors of the
724	724	availability of the programs.
725	725	SECTION 46. Subsection (a), Section 231.301, Family Code,
726	726	is amended to read as follows:
727	727	(a) The parent locator service conducted by the Title IV-D
728	728	agency shall be used to obtain information for:
729	729	(1) child support establishment and enforcement
730	730	purposes regarding the identity, social security number, location,
731	731	employer and employment benefits, income, and assets or debts of
732	732	any individual under an obligation to pay child support, [or]
733	733	medical support, or dental support or to whom a support obligation
734	734	is owed; or
735	735	(2) the establishment of paternity.
736	736	SECTION 47. Section 231.306, Family Code, is amended to
737	737	read as follows:
738	738	Sec. 231.306. MAXIMIZING MEDICAL SUPPORT AND DENTAL SUPPORT
739	739	ESTABLISHMENT AND COLLECTION BY THE TITLE IV-D AGENCY. (a) On the
740	740	installation of an automated child support enforcement system, the
741	741	Title IV-D agency is strongly encouraged to:
742	742	(1) maximize the collection of medical support and
743	743	dental support; and
744	744	(2) establish cash medical support orders for children
745	745	eligible for medical assistance under the state Medicaid program
746	746	for whom private insurance coverage is not available.
747	747	(b) In this section:
748	748	(1) "Medical[, "medical] support" has the meaning
749	749	assigned by Section 101.020.
750	750	(2) "Dental support" has the meaning assigned by
751	751	Section 101.0095.
752	752	SECTION 48. Subsection (a), Section 233.001, Family Code,
753	753	is amended to read as follows:
754	754	(a) The purpose of the procedures specified in the child
755	755	support review process authorized by this chapter is to enable the
756	756	Title IV-D agency to take expedited administrative actions to
757	757	establish, modify, and enforce child support, [and] medical
758	758	support, and dental support obligations, to determine parentage, or
759	759	to take any other action authorized or required under Part D, Title
760	760	IV, of the federal Social Security Act (42 U.S.C. Section 651 et
761	761	seq.), and Chapter 231.
762	762	SECTION 49. Subsection (b), Section 233.009, Family Code,
763	763	is amended to read as follows:
764	764	(b) The notice of proposed child support review order shall
765	765	state:
766	766	(1) the amount of periodic payment of child support
767	767	due, the amount of any overdue support that is owed as an arrearage
768	768	as of the date of the notice, and the amounts that are to be paid by
769	769	the obligor for current support due and in payment on the arrearage
770	770	owed;
771	771	(2) that the person identified in the notice as the
772	772	party responsible for payment of the support amounts may contest
773	773	the notice order on the grounds that:
774	774	(A) the respondent is not the responsible party;
775	775	(B) the dependent child is no longer entitled to
776	776	child support; or
777	777	(C) the amount of monthly support or arrearage is
778	778	incorrectly stated; and
779	779	(3) that, if the person identified in the notice as the
780	780	party responsible for payment of the support amounts does not
781	781	contest the notice in writing or request a negotiation conference
782	782	to discuss the notice not later than the 15th day after the date the
783	783	notice was delivered, the Title IV-D agency may file a child support
784	784	review order for child support, [and for] medical support, and
785	785	dental support for the child as provided by Chapter 154 according to
786	786	the information available to the agency.
787	787	SECTION 50. Subsection (b), Section 233.0095, Family Code,
788	788	is amended to read as follows:
789	789	(b) The notice of proposed child support review order shall
790	790	state:
791	791	(1) the amount of periodic payment of child support
792	792	due;
793	793	(2) that the person identified in the notice as the
794	794	party responsible for payment of the support amounts may only
795	795	contest the amount of monthly support; and
796	796	(3) that, if the person identified in the notice as the
797	797	party responsible for payment of the support amounts does not
798	798	contest the notice in writing or request a negotiation conference
799	799	to discuss the notice not later than the 15th day after the date the
800	800	notice was delivered, the Title IV-D agency may file the child
801	801	support order for child support, [and for] medical support, and
802	802	dental support for the child as provided by Chapter 154 according to
803	803	the information available to the agency.
804	804	SECTION 51. Subsection (c), Section 233.013, Family Code,
805	805	is amended to read as follows:
806	806	(c) Notwithstanding Subsection (b), the Title IV-D agency
807	807	may, at any time and without a showing of material and substantial
808	808	change in the circumstances of the parties, file a child support
809	809	review order that has the effect of modifying an existing order for
810	810	child support to provide medical support or dental support for a
811	811	child if the existing order does not provide health care coverage
812	812	for the child as required under Section 154.182 or dental care
813	813	coverage for the child as required under Section 154.1825.
814	814	SECTION 52. Subsection (a), Section 233.017, Family Code,
815	815	is amended to read as follows:
816	816	(a) An order issued under this chapter must be reviewed and
817	817	signed by an attorney of the Title IV-D agency and must contain all
818	818	provisions that are appropriate for an order under this title,
819	819	including current child support, medical support, dental support, a
820	820	determination of any arrearages or retroactive support, and, if not
821	821	otherwise ordered, income withholding.
822	822	SECTION 53. Section 234.002, Family Code, is amended to
823	823	read as follows:
824	824	Sec. 234.002. INTEGRATED SYSTEM FOR CHILD SUPPORT, [AND]
825	825	MEDICAL SUPPORT, AND DENTAL SUPPORT ENFORCEMENT. The statewide
826	826	integrated system for child support, [and] medical support, and
827	827	dental support enforcement under Chapter 231 shall be part of the
828	828	state case registry and state disbursement unit authorized by this
829	829	subchapter.
830	830	SECTION 54. Subsection (a), Section 71.035, Government
831	831	Code, is amended to read as follows:
832	832	(a) The council shall gather judicial statistics and other
833	833	pertinent information from the several state judges and other court
834	834	officials of this state. In addition, the council shall implement a
835	835	monthly tracking system to ensure accountability for counties and
836	836	courts which participate in the statewide integrated system for
837	837	child support, [and] medical support, and dental support
838	838	enforcement established under Section 231.0011, Family Code. As a
839	839	duty of office, the district clerks and county clerks serving the
840	840	affected courts shall report monthly such information as may be
841	841	required by the council, including, at a minimum, the time required
842	842	to enforce cases from date of delinquency, from date of filing, and
843	843	from date of service until date of disposition. Such information as
844	844	is necessary to complete the report and not directly within the
845	845	control of the district or county clerk, such as date of
846	846	delinquency, shall be provided to the clerk by the child support
847	847	registry or by the enforcement agency providing Title IV-D
848	848	enforcement services in the court. The monthly report shall be
849	849	transmitted to the Office of Court Administration of the Texas
850	850	Judicial System no later than the 20th day of the month following
851	851	the month reported, in such form as may be prescribed by the Office
852	852	of Court Administration, which may include electronic data
853	853	transfer. Copies of such reports shall be maintained in the office
854	854	of the appropriate district or county clerk for a period of at least
855	855	two years and shall be available to the public for inspection and
856	856	reproduction.
857	857	SECTION 55. Subsection (c), Section 848.006, Insurance
858	858	Code, is amended to read as follows:
859	859	(c) Subsection (a) does not apply to an individual:
860	860	(1) who is required to obtain or maintain health
861	861	benefit plan coverage:
862	862	(A) written by an institution of higher education
863	863	at which the individual is or will be enrolled as a student; or
864	864	(B) under an order requiring medical support or
865	865	dental support for a child; or
866	866	(2) who voluntarily applies for benefits under a state
867	867	administered program under Title XIX of the Social Security Act (42
868	868	U.S.C. Section 1396 et seq.), or Title XXI of the Social Security
869	869	Act (42 U.S.C. Section 1397aa et seq.).
870	870	SECTION 56. Subsection (b), Section 1201.053, Insurance
871	871	Code, is amended to read as follows:
872	872	(b) On the application of an adult member of a family, an
873	873	individual accident and health insurance policy may, at the time of
874	874	original issuance or by subsequent amendment, insure two or more
875	875	eligible members of the adult's family, including a spouse,
876	876	unmarried children younger than 25 years of age, including a
877	877	grandchild of the adult as described by Section 1201.062(a)(1), a
878	878	child the adult is required to insure under a medical support order
879	879	or dental support order, if the policy provides dental coverage,
880	880	issued under Chapter 154, Family Code, or enforceable by a court in
881	881	this state, and any other individual dependent on the adult.
882	882	SECTION 57. Subsection (a), Section 1201.062, Insurance
883	883	Code, is amended to read as follows:
884	884	(a) An individual or group accident and health insurance
885	885	policy that is delivered, issued for delivery, or renewed in this
886	886	state, including a policy issued by a corporation operating under
887	887	Chapter 842, or a self-funded or self-insured welfare or benefit
888	888	plan or program, to the extent that regulation of the plan or
889	889	program is not preempted by federal law, that provides coverage for
890	890	a child of an insured or group member, on payment of a premium, must
891	891	provide coverage for:
892	892	(1) each grandchild of the insured or group member if
893	893	the grandchild is:
894	894	(A) unmarried;
895	895	(B) younger than 25 years of age; and
896	896	(C) a dependent of the insured or group member
897	897	for federal income tax purposes at the time application for
898	898	coverage of the grandchild is made; and
899	899	(2) each child for whom the insured or group member
900	900	must provide medical support or dental support, if the policy
901	901	provides dental coverage, under an order issued under Chapter 154,
902	902	Family Code, or enforceable by a court in this state.
903	903	SECTION 58. Section 1201.063, Insurance Code, is amended to
904	904	read as follows:
905	905	Sec. 1201.063. PROHIBITION OF CERTAIN CRITERIA RELATING TO
906	906	CHILD'S COVERAGE IN INDIVIDUAL OR GROUP POLICY. Regarding a
907	907	natural or adopted child of an insured or group member or a child
908	908	for whom the insured or group member must provide medical support or
909	909	dental support, if the policy provides dental coverage, under an
910	910	order issued under Chapter 154, Family Code, or enforceable by a
911	911	court in this state, an individual or group accident and health
912	912	insurance policy that provides coverage for a child of an insured or
913	913	group member may not set a different premium for the child, exclude
914	914	the child from coverage, or discontinue coverage of the child
915	915	because:
916	916	(1) the child does not reside with the insured or group
917	917	member; or
918	918	(2) the insured or group member does not claim the
919	919	child as an exemption for federal income tax purposes under Section
920	920	151(c) [151(c)(1)(B)], Internal Revenue Code of 1986.
921	921	SECTION 59. The heading to Chapter 1504, Insurance Code, is
922	922	amended to read as follows:
923	923	CHAPTER 1504. MEDICAL AND DENTAL CHILD SUPPORT
924	924	SECTION 60. Subdivision (4), Section 1504.001, Insurance
925	925	Code, is amended to read as follows:
926	926	(4) "Benefit [Health benefit] plan issuer" means:
927	927	(A) an insurance company, group hospital service
928	928	corporation, or health maintenance organization that delivers or
929	929	issues for delivery an individual, group, blanket, or franchise
930	930	insurance policy or agreement, a group hospital service contract,
931	931	or an evidence of coverage that provides benefits for medical or
932	932	surgical expenses incurred as a result of an accident or sickness,
933	933	or dental expenses;
934	934	(B) a governmental entity subject to Subchapter
935	935	D, Chapter 1355, Subchapter C, Chapter 1364, Chapter 1578, Article
936	936	3.51-1, 3.51-4, or 3.51-5, or Chapter 177, Local Government Code;
937	937	(C) the issuer of a multiple employer welfare
938	938	arrangement as defined by Section 846.001; or
939	939	(D) the issuer of a group health plan as defined
940	940	by Section 607, Employee Retirement Income Security Act of 1974 (29
941	941	U.S.C. Section 1167).
942	942	SECTION 61. Subsection (b), Section 1504.002, Insurance
943	943	Code, is amended to read as follows:
944	944	(b) The commissioner shall adopt rules that define
945	945	"comparable health or dental coverage" in a manner that:
946	946	(1) is consistent with federal law; and
947	947	(2) complies with the requirements necessary to
948	948	maintain federal Medicaid funding.
949	949	SECTION 62. Section 1504.003, Insurance Code, is amended to
950	950	read as follows:
951	951	Sec. 1504.003. VIOLATION OF CHAPTER: RELIEF AVAILABLE TO
952	952	INJURED PERSON. A [health] benefit plan issuer that violates this
953	953	chapter is subject to the same penalties, and an injured person has
954	954	the same rights and remedies, as those provided by Subchapter D,
955	955	Chapter 541.
956	956	SECTION 63. The heading to Subchapter B, Chapter 1504,
957	957	Insurance Code, is amended to read as follows:
958	958	SUBCHAPTER B. DUTIES OF [HEALTH] BENEFIT PLAN ISSUER
959	959	SECTION 64. Section 1504.051, Insurance Code, is amended to
960	960	read as follows:
961	961	Sec. 1504.051. ENROLLMENT OF CERTAIN CHILDREN REQUIRED.
962	962	(a) A [health] benefit plan issuer shall permit a parent to enroll
963	963	a child in dependent health or dental coverage offered through the
964	964	issuer regardless of any enrollment period restriction if the
965	965	parent is:
966	966	(1) eligible for dependent health or dental coverage;
967	967	and
968	968	(2) required by a court order or administrative order
969	969	to provide health or dental insurance coverage for the child.
970	970	(b) A [health] benefit plan issuer shall enroll a child of a
971	971	parent described by Subsection (a) in dependent health or dental
972	972	coverage offered through the issuer if:
973	973	(1) the parent does not apply to obtain health or
974	974	dental coverage for the child through the issuer; and
975	975	(2) the child, a custodial parent of the child, or a
976	976	child support agency having a duty to collect or enforce support for
977	977	the child applies for the coverage.
978	978	SECTION 65. Section 1504.052, Insurance Code, is amended to
979	979	read as follows:
980	980	Sec. 1504.052. CHILD RESIDING OUTSIDE SERVICE AREA;
981	981	COMPARABLE HEALTH OR DENTAL COVERAGE REQUIRED. (a) A [health]
982	982	benefit plan issuer may not deny enrollment of a child under the
983	983	health or dental coverage of the child's parent on the ground that
984	984	the child does not reside in the issuer's service area.
985	985	(b) A [health] benefit plan issuer may not enforce an
986	986	otherwise applicable provision of the health or dental coverage
987	987	that would deny, limit, or reduce payment of a claim for a covered
988	988	child who resides outside the issuer's service area but inside the
989	989	United States.
990	990	(c) For a covered child who resides outside the [health]
991	991	benefit plan issuer's service area and whose coverage under a
992	992	policy or plan is required by a medical support order or dental
993	993	support order, the issuer shall provide coverage that is comparable
994	994	health or dental coverage to that provided to other dependents
995	995	under the policy or plan.
996	996	(d) Comparable health or dental coverage may include
997	997	coverage in which a [health] benefit plan issuer uses different
998	998	procedures for service delivery and health care provider
999	999	reimbursement. Comparable health or dental coverage may not
1000	1000	include coverage:
1001	1001	(1) that is limited to emergency services only; or
1002	1002	(2) for which the issuer charges a higher premium.
1003	1003	SECTION 66. Section 1504.053, Insurance Code, is amended to
1004	1004	read as follows:
1005	1005	Sec. 1504.053. CANCELLATION OR NONRENEWAL OF COVERAGE FOR
1006	1006	CERTAIN CHILDREN. (a) A [health] benefit plan issuer may not
1007	1007	cancel or refuse to renew health or dental coverage provided to a
1008	1008	child who is enrolled or entitled to enrollment under this chapter
1009	1009	unless satisfactory written evidence is filed with the issuer
1010	1010	showing that:
1011	1011	(1) the court or administrative order that required
1012	1012	the coverage is not in effect; or
1013	1013	(2) the child:
1014	1014	(A) is enrolled in comparable health or dental
1015	1015	coverage; or
1016	1016	(B) will be enrolled in comparable health or
1017	1017	dental coverage that takes effect not later than the effective date
1018	1018	of the cancellation or nonrenewal.
1019	1019	(b) For purposes of this section, a child is not enrolled or
1020	1020	entitled to enrollment under this chapter if the child's
1021	1021	eligibility for health or dental coverage ends because the parent
1022	1022	ceases to be eligible for dependent health or dental coverage.
1023	1023	SECTION 67. Section 1504.054, Insurance Code, is amended to
1024	1024	read as follows:
1025	1025	Sec. 1504.054. CONTINUATION OR CONVERSION OF COVERAGE.
1026	1026	(a) If a child's eligibility for dependent health or dental
1027	1027	coverage ends because the parent ceases to be eligible for the
1028	1028	coverage and the coverage provides for the continuation or
1029	1029	conversion of the coverage for the child, the [health] benefit plan
1030	1030	issuer shall notify the custodial parent and the child support
1031	1031	agency of the costs and other requirements for continuing or
1032	1032	converting the coverage.
1033	1033	(b) The [health] benefit plan issuer shall, on application
1034	1034	of a parent of the child, a child support agency, or the child,
1035	1035	enroll or continue enrollment of a child whose eligibility for
1036	1036	coverage ended under Subsection (a).
1037	1037	SECTION 68. Section 1504.055, Insurance Code, is amended to
1038	1038	read as follows:
1039	1039	Sec. 1504.055. PROCEDURE FOR CLAIMS. (a) A [health]
1040	1040	benefit plan issuer that provides health or dental coverage to a
1041	1041	child through a covered parent of the child shall:
1042	1042	(1) provide to each custodial parent of the child or to
1043	1043	an adult child documents and other information necessary for the
1044	1044	child to obtain benefits under the coverage, including:
1045	1045	(A) the name of the issuer;
1046	1046	(B) the number of the policy or evidence of
1047	1047	coverage;
1048	1048	(C) a copy of the policy or evidence of coverage
1049	1049	and schedule of benefits;
1050	1050	(D) a health or dental coverage membership card;
1051	1051	(E) claim forms; and
1052	1052	(F) any other document or information necessary
1053	1053	to submit a claim in accordance with the issuer's policies and
1054	1054	procedures;
1055	1055	(2) permit a custodial parent, health care provider,
1056	1056	state agency that has been assigned medical or dental support
1057	1057	rights, or adult child to submit claims for covered services
1058	1058	without the approval of the covered parent; and
1059	1059	(3) make payments on covered claims submitted in
1060	1060	accordance with this subsection directly to a custodial parent,
1061	1061	health care or dental care provider, adult child, or state agency
1062	1062	making a claim.
1063	1063	(b) A [health] benefit plan issuer shall provide to a state
1064	1064	agency that provides medical assistance, including medical
1065	1065	assistance for dental services, to the child or shall provide to a
1066	1066	child support agency that enforces medical or dental support on
1067	1067	behalf of a child the information necessary to obtain reimbursement
1068	1068	of medical or dental services provided to or paid on behalf of the
1069	1069	child.
1070	1070	SECTION 69. Section 1504.101, Insurance Code, is amended to
1071	1071	read as follows:
1072	1072	Sec. 1504.101. DENIAL OF ENROLLMENT ON CERTAIN GROUNDS
1073	1073	PROHIBITED. A [health] benefit plan issuer may not deny enrollment
1074	1074	of a child under the health or dental coverage of the child's parent
1075	1075	on the ground that the child:
1076	1076	(1) has a preexisting condition;
1077	1077	(2) was born out of wedlock;
1078	1078	(3) is not claimed as a dependent on the parent's
1079	1079	federal income tax return;
1080	1080	(4) does not reside with the parent; or
1081	1081	(5) receives or has applied for medical assistance.
1082	1082	SECTION 70. Section 1504.102, Insurance Code, is amended to
1083	1083	read as follows:
1084	1084	Sec. 1504.102. ASSIGNMENT OF MEDICAL OR DENTAL SUPPORT
1085	1085	RIGHTS: DIFFERENT REQUIREMENTS PROHIBITED. A [health] benefit
1086	1086	plan issuer may not require a state agency that has been assigned
1087	1087	the rights of an individual who is eligible for medical assistance
1088	1088	and is covered for health or dental benefits from the issuer to
1089	1089	comply with a requirement that is different from a requirement
1090	1090	imposed on an agent or assignee of any other covered individual.
1091	1091	SECTION 71. Section 402.085, Labor Code, is amended to read
1092	1092	as follows:
1093	1093	Sec. 402.085. EXCEPTIONS TO CONFIDENTIALITY. (a) The
1094	1094	division shall release information on a claim to:
1095	1095	(1) the Texas Department of Insurance for any
1096	1096	statutory or regulatory purpose, including a research purpose under
1097	1097	Chapter 405;
1098	1098	(2) a legislative committee for legislative purposes;
1099	1099	(3) a state or federal elected official requested in
1100	1100	writing to provide assistance by a constituent who qualifies to
1101	1101	obtain injury information under Section 402.084(b), if the request
1102	1102	for assistance is provided to the division;
1103	1103	(4) the attorney general or another entity that
1104	1104	provides child support services under Part D, Title IV, Social
1105	1105	Security Act (42 U.S.C. Section 651 et seq.), relating to:
1106	1106	(A) establishing, modifying, or enforcing a
1107	1107	child support, [or] medical support, or dental support obligation;
1108	1108	or
1109	1109	(B) locating an absent parent; or
1110	1110	(5) the office of injured employee counsel for any
1111	1111	statutory or regulatory purpose that relates to a duty of that
1112	1112	office as provided by Section 404.111(a).
1113	1113	(b) The division may release information on a claim to a
1114	1114	governmental agency, political subdivision, or regulatory body to
1115	1115	use to:
1116	1116	(1) investigate an allegation of a criminal offense or
1117	1117	licensing or regulatory violation;
1118	1118	(2) provide:
1119	1119	(A) unemployment compensation benefits;
1120	1120	(B) crime victims compensation benefits;
1121	1121	(C) vocational rehabilitation services; or
1122	1122	(D) health care benefits;
1123	1123	(3) investigate occupational safety or health
1124	1124	violations;
1125	1125	(4) verify income on an application for benefits under
1126	1126	an income-based state or federal assistance program; or
1127	1127	(5) assess financial resources in an action, including
1128	1128	an administrative action, to:
1129	1129	(A) establish, modify, or enforce a child
1130	1130	support, [or] medical support, or dental support obligation;
1131	1131	(B) establish paternity;
1132	1132	(C) locate an absent parent; or
1133	1133	(D) cooperate with another state in an action
1134	1134	authorized under Part D, Title IV, Social Security Act (42 U.S.C.
1135	1135	Section 651 et seq.), or Chapter 231, Family Code.
1136	1136	SECTION 72. (a) The changes in law made by this Act apply
1137	1137	to a suit affecting the parent-child relationship filed on or after
1138	1138	the effective date of this Act. A suit affecting the parent-child
1139	1139	relationship filed before the effective date of this Act is
1140	1140	governed by the law in effect on the date the suit was filed, and the
1141	1141	former law is continued in effect for that purpose.
1142	1142	(b) The change in law made by this Act does not by itself
1143	1143	constitute a material and substantial change of circumstances under
1144	1144	Section 156.401, Family Code, sufficient to warrant modification of
1145	1145	a court order or a portion of a decree that provides for the support
1146	1146	of a child rendered before the effective date of this Act.
1147	1147	SECTION 73. This Act takes effect September 1, 2013.