Texas 2015 - 84th Regular

Texas Senate Bill SB550 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Uresti S.B. No. 550
2		-	(Rose)
	1	+	S.B. No. 550
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to requiring dental support for a child subject to a child
8	6		support order.
9	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	8		SECTION 1. Section 54.06(e), Family Code, is amended to
11	9		read as follows:
12	10		(e) The court shall apply the child support guidelines under
13	11		Subchapter C, Chapter 154, in an order requiring the payment of
14	12		child support under this section. The court shall also require in
15	13		an order to pay child support under this section that health
16	14		insurance and dental insurance be provided for the child.
17	15		Subchapter D, Chapter 154, applies to an order requiring health
18	16		insurance and dental insurance for a child under this section.
19	17		SECTION 2. Section 101.006, Family Code, is amended to read
20	18		as follows:
21	19		Sec. 101.006. CHILD SUPPORT SERVICES. "Child support
22	20		services" means administrative or court actions to:
23	21		(1) establish paternity;
24	22		(2) establish, modify, or enforce child support, [or]
25	23		medical support, or dental support obligations;
26	24		(3) locate absent parents; or
27	25		(4) cooperate with other states in these actions and
28	26		any other action authorized or required under Part D of Title IV of
29	27		the federal Social Security Act (42 U.S.C. Section 651 et seq.) or
30	28		Chapter 231.
31	29		SECTION 3. Chapter 101, Family Code, is amended by adding
32	30		Sections 101.0094 and 101.0095 to read as follows:
33	31		Sec. 101.0094. DENTAL INSURANCE. "Dental insurance" means
34	32		insurance coverage that provides preventive dental care and other
35	33		dental services, including usual dentist services, office visits,
36	34		examinations, X-rays, and emergency services, that may be provided
37	35		through a single service health maintenance organization or other
38	36		private or public organization.
39	37		Sec. 101.0095. DENTAL SUPPORT. "Dental support" means
40	38		periodic payments or a lump-sum payment made under an order to cover
41	39		dental expenses, including dental insurance coverage, incurred for
42	40		the benefit of a child.
43	41		SECTION 4. Section 101.012, Family Code, is amended to read
44	42		as follows:
45	43		Sec. 101.012. EMPLOYER. "Employer" means a person,
46	44		corporation, partnership, workers' compensation insurance carrier,
47	45		governmental entity, the United States, or any other entity that
48	46		pays or owes earnings to an individual. The term includes, for the
49	47		purposes of enrolling dependents in a group health or dental
50	48		insurance plan, a union, trade association, or other similar
51	49		organization.
52	50		SECTION 5. Section 101.024(b), Family Code, is amended to
53	51		read as follows:
54	52		(b) For purposes of establishing, determining the terms of,
55	53		modifying, or enforcing an order, a reference in this title to a
56	54		parent includes a person ordered to pay child support under Section
57	55		154.001(a-1) or to provide medical support or dental support for a
58	56		child.
59	57		SECTION 6. Section 101.034, Family Code, is amended to read
60	58		as follows:
61	59		Sec. 101.034. TITLE IV-D CASE. "Title IV-D case" means an
62	60		action in which services are provided by the Title IV-D agency under
63	61		Part D, Title IV, of the federal Social Security Act (42 U.S.C.
64	62		Section 651 et seq.), relating to the location of an absent parent,
65	63		determination of parentage, or establishment, modification, or
66	64		enforcement of a child support, [or] medical support, or dental
67	65		support obligation.
68	66		SECTION 7. Section 153.611, Family Code, is amended to read
69	67		as follows:
70	68		Sec. 153.611. EXCEPTION FOR CERTAIN TITLE IV-D PROCEEDINGS.
71	69		Notwithstanding any other provision of this subchapter, this
72	70		subchapter does not apply to a proceeding in a Title IV-D case
73	71		relating to the determination of parentage or establishment,
74	72		modification, or enforcement of a child support, [or] medical
75	73		support, or dental support obligation.
76	74		SECTION 8. Section 154.008, Family Code, is amended to read
77	75		as follows:
78	76		Sec. 154.008. PROVISION FOR MEDICAL SUPPORT AND DENTAL
79	77		SUPPORT. The court shall order medical support and dental support
80	78		for the child as provided by Subchapters B and D.
81	79		SECTION 9. Section 154.015(c), Family Code, is amended to
82	80		read as follows:
83	81		(c) For purposes of this section, the court of continuing
84	82		jurisdiction shall determine the amount of the unpaid child support
85	83		obligation for each child of the deceased obligor. In determining
86	84		the amount of the unpaid child support obligation, the court shall
87	85		consider all relevant factors, including:
88	86		(1) the present value of the total amount of monthly
89	87		periodic child support payments that would become due between the
90	88		month in which the obligor dies and the month in which the child
91	89		turns 18 years of age, based on the amount of the periodic monthly
92	90		child support payments under the child support order in effect on
93	91		the date of the obligor's death;
94	92		(2) the present value of the total amount of health
95	93		insurance and dental insurance premiums payable for the benefit of
96	94		the child from the month in which the obligor dies until the month
97	95		in which the child turns 18 years of age, based on the cost of health
98	96		insurance and dental insurance for the child ordered to be paid on
99	97		the date of the obligor's death;
100	98		(3) in the case of a disabled child under 18 years of
101	99		age or an adult disabled child, an amount to be determined by the
102	100		court under Section 154.306;
103	101		(4) the nature and amount of any benefit to which the
104	102		child would be entitled as a result of the obligor's death,
105	103		including life insurance proceeds, annuity payments, trust
106	104		distributions, social security death benefits, and retirement
107	105		survivor benefits; and
108	106		(5) any other financial resource available for the
109	107		support of the child.
110	108		SECTION 10. Section 154.016(b), Family Code, is amended to
111	109		read as follows:
112	110		(b) In determining the nature and extent of the obligation
113	111		to provide for the support of the child in the event of the death of
114	112		the obligor, the court shall consider all relevant factors,
115	113		including:
116	114		(1) the present value of the total amount of monthly
117	115		periodic child support payments from the date the child support
118	116		order is rendered until the month in which the child turns 18 years
119	117		of age, based on the amount of the periodic monthly child support
120	118		payment under the child support order;
121	119		(2) the present value of the total amount of health
122	120		insurance and dental insurance premiums payable for the benefit of
123	121		the child from the date the child support order is rendered until
124	122		the month in which the child turns 18 years of age, based on the cost
125	123		of health insurance and dental insurance for the child ordered to be
126	124		paid; and
127	125		(3) in the case of a disabled child under 18 years of
128	126		age or an adult disabled child, an amount to be determined by the
129	127		court under Section 154.306.
130	128		SECTION 11. Sections 154.062(d) and (e), Family Code, are
131	129		amended to read as follows:
132	130		(d) The court shall deduct the following items from
133	131		resources to determine the net resources available for child
134	132		support:
135	133		(1) social security taxes;
136	134		(2) federal income tax based on the tax rate for a
137	135		single person claiming one personal exemption and the standard
138	136		deduction;
139	137		(3) state income tax;
140	138		(4) union dues;
141	139		(5) expenses for the cost of health insurance, dental
142	140		insurance, or cash medical support for the obligor's child ordered
143	141		by the court under Sections [Section] 154.182 and 154.1825; and
144	142		(6) if the obligor does not pay social security taxes,
145	143		nondiscretionary retirement plan contributions.
146	144		(e) In calculating the amount of the deduction for health
147	145		care or dental coverage for a child under Subsection (d)(5), if the
148	146		obligor has other minor dependents covered under the same health or
149	147		dental insurance plan, the court shall divide the total cost to the
150	148		obligor for the insurance by the total number of minor dependents,
151	149		including the child, covered under the plan.
152	150		SECTION 12. Section 154.064, Family Code, is amended to
153	151		read as follows:
154	152		Sec. 154.064. MEDICAL SUPPORT AND DENTAL SUPPORT FOR CHILD
155	153		PRESUMPTIVELY PROVIDED BY OBLIGOR. The guidelines for support of a
156	154		child are based on the assumption that the court will order the
157	155		obligor to provide medical support and dental support for the child
158	156		in addition to the amount of child support calculated in accordance
159	157		with those guidelines.
160	158		SECTION 13. The heading to Subchapter D, Chapter 154,
161	159		Family Code, is amended to read as follows:
162	160		SUBCHAPTER D. MEDICAL SUPPORT AND DENTAL SUPPORT FOR CHILD
163	161		SECTION 14. Subchapter D, Chapter 154, Family Code, is
164	162		amended by adding Section 154.1815 to read as follows:
165	163		Sec. 154.1815. DENTAL SUPPORT ORDER. (a) In this section,
166	164		"reasonable cost" means the cost of a dental insurance premium that
167	165		does not exceed 1.5 percent of the obligor's annual resources, as
168	166		described by Section 154.062(b), if the obligor is responsible
169	167		under a dental support order for the cost of dental insurance
170	168		coverage for only one child. If the obligor is responsible under a
171	169		dental support order for the cost of dental insurance coverage for
172	170		more than one child, "reasonable cost" means the total cost of
173	171		dental insurance coverage for all children for which the obligor is
174	172		responsible under a dental support order that does not exceed 1.5
175	173		percent of the obligor's annual resources, as described by Section
176	174		154.062(b).
177	175		(b) In a suit affecting the parent-child relationship or in
178	176		a proceeding under Chapter 159, the court shall render an order for
179	177		the dental support of the child as provided by this section and
180	178		Section 154.1825.
181	179		(c) Before a hearing on temporary orders, or a final order
182	180		if no hearing on temporary orders is held, the court shall require
183	181		the parties to the proceedings to disclose in a pleading or other
184	182		document whether the child is covered by dental insurance and, if
185	183		the child is covered, the identity of the insurer providing the
186	184		coverage, the policy number, which parent is responsible for
187	185		payment of any insurance premium for the coverage, whether the
188	186		coverage is provided through a parent's employment, and the cost of
189	187		the premium. If dental insurance is not in effect for the child,
190	188		the parties must disclose to the court whether either parent has
191	189		access to dental insurance at a reasonable cost to the obligor.
192	190		(d) In rendering temporary orders, the court shall, except
193	191		for good cause shown, order that any dental insurance coverage in
194	192		effect for the child continue in effect pending the rendition of a
195	193		final order, except that the court may not require the continuation
196	194		of any dental insurance that is not available to the parent at a
197	195		reasonable cost to the obligor. If dental insurance coverage is not
198	196		in effect for the child or if the insurance in effect is not
199	197		available at a reasonable cost to the obligor, the court shall,
200	198		except for good cause shown, order dental insurance coverage for
201	199		the child as provided by Section 154.1825.
202	200		(e) On rendering a final order the court shall:
203	201		(1) make specific findings with respect to the manner
204	202		in which dental insurance coverage is to be provided for the child,
205	203		in accordance with the priorities identified under Section
206	204		154.1825; and
207	205		(2) except for good cause shown or on agreement of the
208	206		parties, require the parent ordered to provide dental insurance
209	207		coverage for the child as provided by Section 154.1825 to produce
210	208		evidence to the court's satisfaction that the parent has applied
211	209		for or secured dental insurance or has otherwise taken necessary
212	210		action to provide for dental insurance coverage for the child, as
213	211		ordered by the court.
214	212		SECTION 15. Subchapter D, Chapter 154, Family Code, is
215	213		amended by adding Section 154.1825 to read as follows:
216	214		Sec. 154.1825. DENTAL CARE COVERAGE FOR CHILD. (a) In
217	215		this section:
218	216		(1) "Accessibility" means the extent to which dental
219	217		insurance coverage for a child provides for the availability of
220	218		dental care within a reasonable traveling distance and time from
221	219		the child's primary residence, as determined by the court.
222	220		(2) "Reasonable cost" has the meaning assigned by
223	221		Section 154.1815(a).
224	222		(b) The court shall consider the cost, accessibility, and
225	223		quality of dental insurance coverage available to the parties and
226	224		shall give priority to dental insurance coverage available through
227	225		the employment of one of the parties if the coverage is available at
228	226		a reasonable cost to the obligor.
229	227		(c) In determining the manner in which dental care coverage
230	228		for the child is to be ordered, the court shall render its order in
231	229		accordance with the following priorities, unless a party shows good
232	230		cause why a particular order is not in the best interest of the
233	231		child:
234	232		(1) if dental insurance is available for the child
235	233		through a parent's employment or membership in a union, trade
236	234		association, or other organization at reasonable cost, the court
237	235		shall order that parent to include the child in the parent's dental
238	236		insurance; or
239	237		(2) if dental insurance is not available for the child
240	238		under Subdivision (1) but is available to a parent from another
241	239		source and at a reasonable cost, the court may order that parent to
242	240		provide dental insurance for the child.
243	241		(d) If the parent ordered to provide dental insurance under
244	242		Subsection (c)(1) or (2) is the obligee, the court shall order the
245	243		obligor to pay the obligee, as additional child support, an amount
246	244		equal to the actual cost of dental insurance for the child, but not
247	245		to exceed a reasonable cost to the obligor. In calculating the
248	246		actual cost of dental insurance for the child, if the obligee has
249	247		other minor dependents covered under the same dental insurance
250	248		plan, the court shall divide the total cost to the obligee for the
251	249		insurance by the total number of minor dependents, including the
252	250		child covered under the plan.
253	251		SECTION 16. Section 154.183, Family Code, is amended to
254	252		read as follows:
255	253		Sec. 154.183. MEDICAL AND DENTAL SUPPORT ADDITIONAL SUPPORT
256	254		DUTY OF OBLIGOR. (a) An amount that an obligor is ordered to pay
257	255		as medical support or dental support for the child under this
258	256		chapter, including the costs of health insurance coverage or cash
259	257		medical support under Section 154.182 and the costs of dental
260	258		insurance under Section 154.1825:
261	259		(1) is in addition to the amount that the obligor is
262	260		required to pay for child support under the guidelines for child
263	261		support;
264	262		(2) is a child support obligation; and
265	263		(3) may be enforced by any means available for the
266	264		enforcement of child support, including withholding from earnings
267	265		under Chapter 158.
268	266		(b) If the court finds and states in the child support order
269	267		that the obligee will maintain health insurance coverage, dental
270	268		insurance coverage, or both, for the child at the obligee's
271	269		expense, the court shall increase the amount of child support to be
272	270		paid by the obligor in an amount not exceeding the actual cost to
273	271		the obligee for maintaining the [health insurance] coverage, as
274	272		provided under Sections [Section] 154.182(b-1) and 154.1825(d).
275	273		(c) As additional child support, the court shall allocate
276	274		between the parties, according to their circumstances:
277	275		(1) the reasonable and necessary health care expenses,
278	276		including vision and dental expenses, of the child that are not
279	277		reimbursed by health or dental insurance or are not otherwise
280	278		covered by the amount of cash medical support ordered under Section
281	279		154.182 [154.182(b)(3)]; and
282	280		(2) amounts paid by either party as deductibles or
283	281		copayments in obtaining health care or dental care services for the
284	282		child covered under a health insurance or dental insurance policy.
285	283		SECTION 17. Sections 154.184(a) and (b), Family Code, are
286	284		amended to read as follows:
287	285		(a) Receipt of a medical support order requiring that health
288	286		insurance be provided for a child or a dental support order
289	287		requiring that dental insurance be provided for a child shall be
290	288		considered a change in the family circumstances of the employee or
291	289		member, for health insurance purposes and dental insurance
292	290		purposes, equivalent to the birth or adoption of a child.
293	291		(b) If the employee or member is eligible for dependent
294	292		health coverage or dependent dental coverage, the employer shall
295	293		automatically enroll the child for the first 31 days after the
296	294		receipt of the order or notice of the medical support order or the
297	295		dental support order under Section 154.186 on the same terms and
298	296		conditions as apply to any other dependent child.
299	297		SECTION 18. Section 154.185, Family Code, is amended to
300	298		read as follows:
301	299		Sec. 154.185. PARENT TO FURNISH INFORMATION. (a) The
302	300		court shall order a parent providing health insurance or dental
303	301		insurance to furnish to either the obligee, obligor, or child
304	302		support agency the following information not later than the 30th
305	303		day after the date the notice of rendition of the order is received:
306	304		(1) the social security number of the parent;
307	305		(2) the name and address of the parent's employer;
308	306		(3) with regard to health insurance:
309	307		(A) whether the employer is self-insured or has
310	308		health insurance available;
311	309		(B) [(4)] proof that health insurance has been
312	310		provided for the child;
313	311		(C) [(5)] if the employer has health insurance
314	312		available, the name of the health insurance carrier, the number of
315	313		the policy, a copy of the policy and schedule of benefits, a health
316	314		insurance membership card, claim forms, and any other information
317	315		necessary to submit a claim; and
318	316		(D) [(6)] if the employer is self-insured, a copy
319	317		of the schedule of benefits, a membership card, claim forms, and any
320	318		other information necessary to submit a claim; and
321	319		(4) with regard to dental insurance:
322	320		(A) whether the employer is self-insured or has
323	321		dental insurance available;
324	322		(B) proof that dental insurance has been provided
325	323		for the child;
326	324		(C) if the employer has dental insurance
327	325		available, the name of the dental insurance carrier, the number of
328	326		the policy, a copy of the policy and schedule of benefits, a dental
329	327		insurance membership card, claim forms, and any other information
330	328		necessary to submit a claim; and
331	329		(D) if the employer is self-insured, a copy of
332	330		the schedule of benefits, a membership card, claim forms, and any
333	331		other information necessary to submit a claim.
334	332		(b) The court shall also order a parent providing health
335	333		insurance or dental insurance to furnish the obligor, obligee, or
336	334		child support agency with additional information regarding the
337	335		health insurance coverage or dental insurance coverage not later
338	336		than the 15th day after the date the information is received by the
339	337		parent.
340	338		SECTION 19. The heading to Section 154.186, Family Code, is
341	339		amended to read as follows:
342	340		Sec. 154.186. NOTICE TO EMPLOYER CONCERNING MEDICAL SUPPORT
343	341		OR DENTAL SUPPORT.
344	342		SECTION 20. Section 154.186(a), Family Code, is amended to
345	343		read as follows:
346	344		(a) The obligee, obligor, or a child support agency of this
347	345		state or another state may send to the employer a copy of the order
348	346		requiring an employee to provide health insurance coverage or
349	347		dental insurance coverage for a child or may include notice of the
350	348		medical support order or dental support order in an order or writ of
351	349		withholding sent to the employer in accordance with Chapter 158.
352	350		SECTION 21. Sections 154.187(a), (b), (c), (d), (e), and
353	351		(g), Family Code, are amended to read as follows:
354	352		(a) An order or notice under this subchapter to an employer
355	353		directing that health insurance coverage or dental insurance
356	354		coverage be provided to a child of an employee or member is binding
357	355		on a current or subsequent employer on receipt without regard to the
358	356		date the order was rendered. If the employee or member is eligible
359	357		for dependent health coverage or dental coverage for the child, the
360	358		employer shall immediately enroll the child in a health insurance
361	359		plan or dental insurance plan regardless of whether the employee is
362	360		enrolled in the plan. If dependent coverage is not available to the
363	361		employee or member through the employer's health insurance plan or
364	362		dental insurance plan or enrollment cannot be made permanent or if
365	363		the employer is not responsible or otherwise liable for providing
366	364		such coverage, the employer shall provide notice to the sender in
367	365		accordance with Subsection (c).
368	366		(b) If additional premiums are incurred as a result of
369	367		adding the child to the health insurance plan or the dental
370	368		insurance plan, the employer shall deduct the health insurance
371	369		premium or the dental insurance premium from the earnings of the
372	370		employee in accordance with Chapter 158 and apply the amount
373	371		withheld to payment of the insurance premium.
374	372		(c) An employer who has received an order or notice under
375	373		this subchapter shall provide to the sender, by first class mail not
376	374		later than the 40th day after the date the employer receives the
377	375		order or notice, a statement that the child:
378	376		(1) has been enrolled in the employer's health
379	377		insurance plan or dental insurance plan, or is already enrolled in
380	378		another health insurance plan or dental insurance plan in
381	379		accordance with a previous child support, [or] medical support, or
382	380		dental support order to which the employee is subject; or
383	381		(2) cannot be enrolled or cannot be enrolled
384	382		permanently in the employer's health insurance plan or dental
385	383		insurance plan and provide the reason why coverage or permanent
386	384		coverage cannot be provided.
387	385		(d) If the employee ceases employment or if the health
388	386		insurance coverage or dental insurance coverage lapses, the
389	387		employer shall provide to the sender, by first class mail not later
390	388		than the 15th day after the date of the termination of employment or
391	389		the lapse of the coverage, notice of the termination or lapse and of
392	390		the availability of any conversion privileges.
393	391		(e) On request, the employer shall release to the sender
394	392		information concerning the available health insurance coverage or
395	393		dental insurance coverage, including the name of the health
396	394		insurance carrier or dental insurance carrier, the policy number, a
397	395		copy of the policy and schedule of benefits, a health insurance or
398	396		dental insurance membership card, and claim forms.
399	397		(g) An employer who fails to enroll a child, fails to
400	398		withhold or remit premiums or cash medical support, or
401	399		discriminates in hiring or employment on the basis of a medical
402	400		support order or notice or a dental support order or notice under
403	401		this subchapter shall be subject to the penalties and fines in
404	402		Subchapter C, Chapter 158.
405	403		SECTION 22. Section 154.188, Family Code, is amended to
406	404		read as follows:
407	405		Sec. 154.188. FAILURE TO PROVIDE OR PAY FOR REQUIRED HEALTH
408	406		INSURANCE OR DENTAL INSURANCE. A parent ordered to provide health
409	407		insurance or dental insurance or to pay the other parent additional
410	408		child support for the cost of health insurance or dental insurance
411	409		who fails to do so is liable for:
412	410		(1) necessary medical expenses or dental expenses of
413	411		the child, without regard to whether the expenses would have been
414	412		paid if health insurance or dental insurance had been provided; and
415	413		(2) the cost of health insurance premiums, dental
416	414		insurance premiums, or contributions, if any, paid on behalf of the
417	415		child.
418	416		SECTION 23. Section 154.189, Family Code, is amended to
419	417		read as follows:
420	418		Sec. 154.189. NOTICE OF TERMINATION OR LAPSE OF INSURANCE
421	419		COVERAGE. (a) An obligor ordered to provide health insurance
422	420		coverage or dental insurance coverage for a child must notify the
423	421		obligee and any child support agency enforcing a support obligation
424	422		against the obligor of the:
425	423		(1) termination or lapse of health insurance coverage
426	424		or dental insurance coverage for the child not later than the 15th
427	425		day after the date of a termination or lapse; and
428	426		(2) availability of additional health insurance or
429	427		dental insurance to the obligor for the child after a termination or
430	428		lapse of coverage not later than the 15th day after the date the
431	429		insurance becomes available.
432	430		(b) If termination of coverage results from a change of
433	431		employers, the obligor, the obligee, or the child support agency
434	432		may send the new employer a copy of the order requiring the employee
435	433		to provide health insurance or dental insurance for a child or
436	434		notice of the medical support order or the dental support order as
437	435		provided by this subchapter.
438	436		SECTION 24. Section 154.190, Family Code, is amended to
439	437		read as follows:
440	438		Sec. 154.190. REENROLLING CHILD FOR INSURANCE COVERAGE.
441	439		After health insurance or dental insurance has been terminated or
442	440		has lapsed, an obligor ordered to provide health insurance coverage
443	441		or dental insurance coverage for the child must enroll the child in
444	442		a health insurance plan or a dental insurance plan at the next
445	443		available enrollment period.
446	444		SECTION 25. Section 154.191, Family Code, is amended to
447	445		read as follows:
448	446		Sec. 154.191. REMEDY NOT EXCLUSIVE. (a) This subchapter
449	447		does not limit the rights of the obligor, obligee, local domestic
450	448		relations office, or Title IV-D agency to enforce, modify, or
451	449		clarify the medical support order or dental support order.
452	450		(b) This subchapter does not limit the authority of the
453	451		court to render or modify a medical support order or dental support
454	452		order to provide for payment of uninsured health expenses, health
455	453		care costs, [or] health insurance premiums, uninsured dental
456	454		expenses, dental costs, or dental insurance premiums in a manner
457	455		consistent with this subchapter.
458	456		SECTION 26. Section 154.192, Family Code, is amended to
459	457		read as follows:
460	458		Sec. 154.192. CANCELLATION OR ELIMINATION OF INSURANCE
461	459		COVERAGE FOR CHILD. [(a)] Unless the employee or member ceases to
462	460		be eligible for dependent coverage, or the employer has eliminated
463	461		dependent health coverage or dental coverage for all of the
464	462		employer's employees or members, the employer may not cancel or
465	463		eliminate coverage of a child enrolled under this subchapter until
466	464		the employer is provided satisfactory written evidence that:
467	465		(1) the court order or administrative order requiring
468	466		the coverage is no longer in effect; or
469	467		(2) the child is enrolled in comparable [health]
470	468		insurance coverage or will be enrolled in comparable coverage that
471	469		will take effect not later than the effective date of the
472	470		cancellation or elimination of the employer's coverage.
473	471		SECTION 27. The heading to Section 154.193, Family Code, is
474	472		amended to read as follows:
475	473		Sec. 154.193. MEDICAL SUPPORT ORDER OR DENTAL SUPPORT ORDER
476	474		NOT QUALIFIED.
477	475		SECTION 28. Section 154.193(a), Family Code, is amended to
478	476		read as follows:
479	477		(a) If a plan administrator or other person acting in an
480	478		equivalent position determines that a medical support order or
481	479		dental support order issued under this subchapter does not qualify
482	480		for enforcement under federal law, the tribunal may, on its own
483	481		motion or the motion of a party, render an order that qualifies for
484	482		enforcement under federal law.
485	483		SECTION 29. Sections 156.401(a) and (a-2), Family Code, are
486	484		amended to read as follows:
487	485		(a) Except as provided by Subsection (a-1), (a-2), or (b),
488	486		the court may modify an order that provides for the support of a
489	487		child, including an order for health care coverage under Section
490	488		154.182 or an order for dental care coverage under Section
491	489		154.1825, if:
492	490		(1) the circumstances of the child or a person
493	491		affected by the order have materially and substantially changed
494	492		since the earlier of:
495	493		(A) the date of the order's rendition; or
496	494		(B) the date of the signing of a mediated or
497	495		collaborative law settlement agreement on which the order is based;
498	496		or
499	497		(2) it has been three years since the order was
500	498		rendered or last modified and the monthly amount of the child
501	499		support award under the order differs by either 20 percent or $100
502	500		from the amount that would be awarded in accordance with the child
503	501		support guidelines.
504	502		(a-2) A court or administrative order for child support in a
505	503		Title IV-D case may be modified at any time, and without a showing
506	504		of material and substantial change in the circumstances of the
507	505		child or a person affected by the order, to provide for medical
508	506		support or dental support of the child if the order does not provide
509	507		health care coverage as required under Section 154.182 or dental
510	508		care coverage as required under Section 154.1825.
511	509		SECTION 30. Section 157.269, Family Code, is amended to
512	510		read as follows:
513	511		Sec. 157.269. RETENTION OF JURISDICTION. A court that
514	512		renders an order providing for the payment of child support retains
515	513		continuing jurisdiction to enforce the order, including by
516	514		adjusting the amount of the periodic payments to be made by the
517	515		obligor or the amount to be withheld from the obligor's disposable
518	516		earnings, until all current support, [and] medical support, dental
519	517		support, and child support arrearages, including interest and any
520	518		applicable fees and costs, have been paid.
521	519		SECTION 31. Sections 158.206(a) and (b), Family Code, are
522	520		amended to read as follows:
523	521		(a) An employer receiving an order or a writ of withholding
524	522		under this chapter, including an order or writ directing that
525	523		health insurance or dental insurance be provided to a child, who
526	524		complies with the order or writ is not liable to the obligor for the
527	525		amount of income withheld and paid as required by the order or writ.
528	526		(b) An employer receiving an order or writ of withholding
529	527		who does not comply with the order or writ is liable:
530	528		(1) to the obligee for the amount not paid in
531	529		compliance with the order or writ, including the amount the obligor
532	530		is required to pay for health insurance or dental insurance under
533	531		Chapter 154;
534	532		(2) to the obligor for:
535	533		(A) the amount withheld and not paid as required
536	534		by the order or writ; and
537	535		(B) an amount equal to the interest that accrues
538	536		under Section 157.265 on the amount withheld and not paid; and
539	537		(3) for reasonable attorney's fees and court costs.
540	538		SECTION 32. Section 158.302, Family Code, is amended to
541	539		read as follows:
542	540		Sec. 158.302. CONTENTS OF NOTICE OF APPLICATION FOR
543	541		JUDICIAL WRIT OF WITHHOLDING. The notice of application for
544	542		judicial writ of withholding shall be verified and:
545	543		(1) state the amount of monthly support due, including
546	544		medical support and dental support, the amount of arrearages or
547	545		anticipated arrearages, including accrued interest, and the amount
548	546		of wages that will be withheld in accordance with a judicial writ of
549	547		withholding;
550	548		(2) state that the withholding applies to each current
551	549		or subsequent employer or period of employment;
552	550		(3) state that if the obligor does not contest the
553	551		withholding within 10 days after the date of receipt of the notice,
554	552		the obligor's employer will be notified to begin the withholding;
555	553		(4) describe the procedures for contesting the
556	554		issuance and delivery of a writ of withholding;
557	555		(5) state that if the obligor contests the
558	556		withholding, the obligor will be afforded an opportunity for a
559	557		hearing by the court not later than the 30th day after the date of
560	558		receipt of the notice of contest;
561	559		(6) state that the sole ground for successfully
562	560		contesting the issuance of a writ of withholding is a dispute
563	561		concerning the identity of the obligor or the existence or amount of
564	562		the arrearages, including accrued interest;
565	563		(7) describe the actions that may be taken if the
566	564		obligor contests the notice of application for judicial writ of
567	565		withholding, including the procedures for suspending issuance of a
568	566		writ of withholding; and
569	567		(8) include with the notice a suggested form for the
570	568		motion to stay issuance and delivery of the judicial writ of
571	569		withholding that the obligor may file with the clerk of the
572	570		appropriate court.
573	571		SECTION 33. Section 158.309(c), Family Code, is amended to
574	572		read as follows:
575	573		(c) Upon hearing, the court shall:
576	574		(1) render an order for income withholding that
577	575		includes a determination of the amount of child support arrearages,
578	576		including medical support, dental support, and interest; or
579	577		(2) grant the motion to stay.
580	578		SECTION 34. Section 158.312(a), Family Code, is amended to
581	579		read as follows:
582	580		(a) If a notice of application for judicial writ of
583	581		withholding is delivered and a motion to stay is not filed within
584	582		the time limits provided by Section 158.307, the party who filed the
585	583		notice shall file with the clerk of the court a request for issuance
586	584		of the writ of withholding stating the amount of current support,
587	585		including medical support and dental support, the amount of
588	586		arrearages, and the amount to be withheld from the obligor's
589	587		income.
590	588		SECTION 35. Section 158.314, Family Code, is amended to
591	589		read as follows:
592	590		Sec. 158.314. CONTENTS OF WRIT OF WITHHOLDING. The
593	591		judicial writ of income withholding issued by the clerk must direct
594	592		that the employer or a subsequent employer withhold from the
595	593		obligor's disposable income for current child support, including
596	594		medical support and dental support, and child support arrearages an
597	595		amount that is consistent with the provisions of this chapter
598	596		regarding orders of withholding.
599	597		SECTION 36. Section 158.502(a), Family Code, is amended to
600	598		read as follows:
601	599		(a) An administrative writ of withholding under this
602	600		subchapter may be issued by the Title IV-D agency at any time until
603	601		all current support, including medical support and dental support,
604	602		[and] child support arrearages, and Title IV-D service fees
605	603		authorized under Section 231.103 for which the obligor is
606	604		responsible[,] have been paid. The writ issued under this
607	605		subsection may be based on an obligation in more than one support
608	606		order.
609	607		SECTION 37. Section 158.504(b), Family Code, is amended to
610	608		read as follows:
611	609		(b) An administrative writ of withholding issued under this
612	610		subchapter may contain only the information that is necessary for
613	611		the employer to withhold income for child support, [and] medical
614	612		support, and dental support and shall specify the place where the
615	613		withheld income is to be paid.
616	614		SECTION 38. Section 158.507, Family Code, is amended to
617	615		read as follows:
618	616		Sec. 158.507. ADMINISTRATIVE WRIT TERMINATING WITHHOLDING.
619	617		An administrative writ to terminate withholding may be issued and
620	618		delivered to an employer by the Title IV-D agency when all current
621	619		support, including medical support and dental support, [and] child
622	620		support arrearages, and Title IV-D service fees authorized under
623	621		Section 231.103 for which the obligor is responsible[,] have been
624	622		paid.
625	623		SECTION 39. Section 159.502(c), Family Code, is amended to
626	624		read as follows:
627	625		(c) Except as otherwise provided in Subsection (d) and
628	626		Section 159.503, the employer shall withhold and distribute the
629	627		funds as directed in the withholding order by complying with terms
630	628		of the order that specify:
631	629		(1) the duration and amount of periodic payments of
632	630		current child support, stated as a sum certain;
633	631		(2) the person designated to receive payments and the
634	632		address to which the payments are to be forwarded;
635	633		(3) medical support and dental support, whether in the
636	634		form of periodic cash payments, stated as a sum certain, or ordering
637	635		the obligor to provide health insurance coverage or dental
638	636		insurance coverage for the child under a policy available through
639	637		the obligor's employment;
640	638		(4) the amount of periodic payments of fees and costs
641	639		for a support enforcement agency, the issuing tribunal, and the
642	640		obligee's attorney, stated as sums certain; and
643	641		(5) the amount of periodic payments of arrearages and
644	642		interest on arrearages, stated as sums certain.
645	643		SECTION 40. The heading to Section 231.0011, Family Code,
646	644		is amended to read as follows:
647	645		Sec. 231.0011. DEVELOPMENT OF STATEWIDE INTEGRATED SYSTEM
648	646		FOR CHILD SUPPORT, [AND] MEDICAL SUPPORT, AND DENTAL SUPPORT
649	647		ENFORCEMENT.
650	648		SECTION 41. Sections 231.0011(a) and (g), Family Code, are
651	649		amended to read as follows:
652	650		(a) The Title IV-D agency shall have final approval
653	651		authority on any contract or proposal for delivery of Title IV-D
654	652		services under this section and in coordination with the Texas
655	653		Judicial Council, the Office of Court Administration of the Texas
656	654		Judicial System, the federal Office of Child Support Enforcement,
657	655		and state, county, and local officials, shall develop and implement
658	656		a statewide integrated system for child support, [and] medical
659	657		support, and dental support enforcement, employing federal, state,
660	658		local, and private resources to:
661	659		(1) unify child support registry functions;
662	660		(2) record and track all child support orders entered
663	661		in the state;
664	662		(3) establish an automated enforcement process which
665	663		will use delinquency monitoring, billing, and other enforcement
666	664		techniques to ensure the payment of current support;
667	665		(4) incorporate existing enforcement resources into
668	666		the system to obtain maximum benefit from state and federal
669	667		funding; and
670	668		(5) ensure accountability for all participants in the
671	669		process, including state, county, and local officials, private
672	670		contractors, and the judiciary.
673	671		(g) Participation in the statewide integrated system for
674	672		child support, [and] medical support, and dental support
675	673		enforcement by a county is voluntary, and nothing in this section
676	674		shall be construed to mandate participation.
677	675		SECTION 42. Section 231.002(e), Family Code, is amended to
678	676		read as follows:
679	677		(e) The Title IV-D agency may take the following
680	678		administrative actions with respect to the location of a parent,
681	679		the determination of parentage, and the establishment,
682	680		modification, and enforcement of child support, [and] medical
683	681		support, and dental support orders required by 42 U.S.C. Section
684	682		666(c), without obtaining an order from any other judicial or
685	683		administrative tribunal:
686	684		(1) issue an administrative subpoena, as provided by
687	685		Section 231.303, to obtain financial or other information;
688	686		(2) order genetic testing for parentage
689	687		determination, as provided by Chapter 233;
690	688		(3) order income withholding, as provided by Chapter
691	689		233, and issue an administrative writ of withholding, as provided
692	690		by Chapter 158; and
693	691		(4) take any action with respect to execution,
694	692		collection, and release of a judgment or lien for child support
695	693		necessary to satisfy the judgment or lien, as provided by Chapter
696	694		157.
697	695		SECTION 43. Section 231.101(a), Family Code, is amended to
698	696		read as follows:
699	697		(a) The Title IV-D agency may provide all services required
700	698		or authorized to be provided by Part D of Title IV of the federal
701	699		Social Security Act (42 U.S.C. Section 651 et seq.), including:
702	700		(1) parent locator services;
703	701		(2) paternity determination;
704	702		(3) child support, [and] medical support, and dental
705	703		support establishment;
706	704		(4) review and adjustment of child support orders;
707	705		(5) enforcement of child support, [and] medical
708	706		support, and dental support orders; and
709	707		(6) collection and distribution of child support
710	708		payments.
711	709		SECTION 44. Section 231.104(b), Family Code, is amended to
712	710		read as follows:
713	711		(b) An application for child support services is an
714	712		assignment of support rights to enable the Title IV-D agency to
715	713		establish and enforce child support, [and] medical support, and
716	714		dental support obligations, but an assignment is not a condition of
717	715		eligibility for services.
718	716		SECTION 45. Section 231.123(a), Family Code, is amended to
719	717		read as follows:
720	718		(a) In order to maximize the amount of any tax refund to
721	719		which an obligor may be entitled and which may be applied to child
722	720		support, [and] medical support, and dental support obligations, the
723	721		Title IV-D agency shall cooperate with volunteer income tax
724	722		assistance programs in the state in informing obligors of the
725	723		availability of the programs.
726	724		SECTION 46. Section 231.301(a), Family Code, is amended to
727	725		read as follows:
728	726		(a) The parent locator service conducted by the Title IV-D
729	727		agency shall be used to obtain information for:
730	728		(1) child support establishment and enforcement
731	729		purposes regarding the identity, social security number, location,
732	730		employer and employment benefits, income, and assets or debts of
733	731		any individual under an obligation to pay child support, [or]
734	732		medical support, or dental support or to whom a support obligation
735	733		is owed; or
736	734		(2) the establishment of paternity.
737	735		SECTION 47. Section 231.306, Family Code, is amended to
738	736		read as follows:
739	737		Sec. 231.306. MAXIMIZING MEDICAL SUPPORT AND DENTAL SUPPORT
740	738		ESTABLISHMENT AND COLLECTION BY THE TITLE IV-D AGENCY. (a) On the
741	739		installation of an automated child support enforcement system, the
742	740		Title IV-D agency is strongly encouraged to:
743	741		(1) maximize the collection of medical support and
744	742		dental support; and
745	743		(2) establish cash medical support orders for children
746	744		eligible for medical assistance under the state Medicaid program
747	745		for whom private insurance coverage is not available.
748	746		(b) In this section:
749	747		(1) "Medical[, "medical] support" has the meaning
750	748		assigned by Section 101.020.
751	749		(2) "Dental support" has the meaning assigned by
752	750		Section 101.0095.
753	751		SECTION 48. Section 233.001(a), Family Code, is amended to
754	752		read as follows:
755	753		(a) The purpose of the procedures specified in the child
756	754		support review process authorized by this chapter is to enable the
757	755		Title IV-D agency to take expedited administrative actions to
758	756		establish, modify, and enforce child support, [and] medical
759	757		support, and dental support obligations, to determine parentage, or
760	758		to take any other action authorized or required under Part D, Title
761	759		IV, of the federal Social Security Act (42 U.S.C. Section 651 et
762	760		seq.), and Chapter 231.
763	761		SECTION 49. Section 233.009(b), Family Code, is amended to
764	762		read as follows:
765	763		(b) The notice of proposed child support review order shall
766	764		state:
767	765		(1) the amount of periodic payment of child support
768	766		due, the amount of any overdue support that is owed as an arrearage
769	767		as of the date of the notice, and the amounts that are to be paid by
770	768		the obligor for current support due and in payment on the arrearage
771	769		owed;
772	770		(2) that the person identified in the notice as the
773	771		party responsible for payment of the support amounts may contest
774	772		the notice order on the grounds that:
775	773		(A) the respondent is not the responsible party;
776	774		(B) the dependent child is no longer entitled to
777	775		child support; or
778	776		(C) the amount of monthly support or arrearage is
779	777		incorrectly stated; and
780	778		(3) that, if the person identified in the notice as the
781	779		party responsible for payment of the support amounts does not
782	780		contest the notice in writing or request a negotiation conference
783	781		to discuss the notice not later than the 15th day after the date the
784	782		notice was delivered, the Title IV-D agency may file a child support
785	783		review order for child support, [and for] medical support, and
786	784		dental support for the child as provided by Chapter 154 according to
787	785		the information available to the agency.
788	786		SECTION 50. Section 233.0095(b), Family Code, is amended to
789	787		read as follows:
790	788		(b) The notice of proposed child support review order shall
791	789		state:
792	790		(1) the amount of periodic payment of child support
793	791		due;
794	792		(2) that the person identified in the notice as the
795	793		party responsible for payment of the support amounts may only
796	794		contest the amount of monthly support; and
797	795		(3) that, if the person identified in the notice as the
798	796		party responsible for payment of the support amounts does not
799	797		contest the notice in writing or request a negotiation conference
800	798		to discuss the notice not later than the 15th day after the date the
801	799		notice was delivered, the Title IV-D agency may file the child
802	800		support order for child support, [and for] medical support, and
803	801		dental support for the child as provided by Chapter 154 according to
804	802		the information available to the agency.
805	803		SECTION 51. Section 233.013(c), Family Code, is amended to
806	804		read as follows:
807	805		(c) Notwithstanding Subsection (b), the Title IV-D agency
808	806		may, at any time and without a showing of material and substantial
809	807		change in the circumstances of the parties, file a child support
810	808		review order that has the effect of modifying an existing order for
811	809		child support to provide medical support or dental support for a
812	810		child if the existing order does not provide health care coverage
813	811		for the child as required under Section 154.182 or dental care
814	812		coverage for the child as required under Section 154.1825.
815	813		SECTION 52. Section 233.017(a), Family Code, is amended to
816	814		read as follows:
817	815		(a) An order issued under this chapter must be reviewed and
818	816		signed by an attorney of the Title IV-D agency and must contain all
819	817		provisions that are appropriate for an order under this title,
820	818		including current child support, medical support, dental support, a
821	819		determination of any arrearages or retroactive support, and, if not
822	820		otherwise ordered, income withholding.
823	821		SECTION 53. Section 234.002, Family Code, is amended to
824	822		read as follows:
825	823		Sec. 234.002. INTEGRATED SYSTEM FOR CHILD SUPPORT, [AND]
826	824		MEDICAL SUPPORT, AND DENTAL SUPPORT ENFORCEMENT. The statewide
827	825		integrated system for child support, [and] medical support, and
828	826		dental support enforcement under Chapter 231 shall be part of the
829	827		state case registry and state disbursement unit authorized by this
830	828		subchapter.
831	829		SECTION 54. Section 71.035(a), Government Code, is amended
832	830		to read as follows:
833	831		(a) The council shall gather judicial statistics and other
834	832		pertinent information from the several state judges and other court
835	833		officials of this state. In addition, the council shall implement a
836	834		monthly tracking system to ensure accountability for counties and
837	835		courts which participate in the statewide integrated system for
838	836		child support, [and] medical support, and dental support
839	837		enforcement established under Section 231.0011, Family Code. As a
840	838		duty of office, the district clerks and county clerks serving the
841	839		affected courts shall report monthly such information as may be
842	840		required by the council, including, at a minimum, the time required
843	841		to enforce cases from date of delinquency, from date of filing, and
844	842		from date of service until date of disposition. Such information as
845	843		is necessary to complete the report and not directly within the
846	844		control of the district or county clerk, such as date of
847	845		delinquency, shall be provided to the clerk by the child support
848	846		registry or by the enforcement agency providing Title IV-D
849	847		enforcement services in the court. The monthly report shall be
850	848		transmitted to the Office of Court Administration of the Texas
851	849		Judicial System no later than the 20th day of the month following
852	850		the month reported, in such form as may be prescribed by the Office
853	851		of Court Administration, which may include electronic data
854	852		transfer. Copies of such reports shall be maintained in the office
855	853		of the appropriate district or county clerk for a period of at least
856	854		two years and shall be available to the public for inspection and
857	855		reproduction.
858	856		SECTION 55. Section 848.006(c), Insurance Code, is amended
859	857		to read as follows:
860	858		(c) Subsection (a) does not apply to an individual:
861	859		(1) who is required to obtain or maintain health
862	860		benefit plan coverage:
863	861		(A) written by an institution of higher education
864	862		at which the individual is or will be enrolled as a student; or
865	863		(B) under an order requiring medical support or
866	864		dental support for a child; or
867	865		(2) who voluntarily applies for benefits under a state
868	866		administered program under Title XIX of the Social Security Act (42
869	867		U.S.C. Section 1396 et seq.), or Title XXI of the Social Security
870	868		Act (42 U.S.C. Section 1397aa et seq.).
871	869		SECTION 56. Section 1201.053(b), Insurance Code, is amended
872	870		to read as follows:
873	871		(b) On the application of an adult member of a family, an
874	872		individual accident and health insurance policy may, at the time of
875	873		original issuance or by subsequent amendment, insure two or more
876	874		eligible members of the adult's family, including a spouse,
877	875		unmarried children younger than 25 years of age, including a
878	876		grandchild of the adult as described by Section 1201.062(a)(1), a
879	877		child the adult is required to insure under a medical support order
880	878		or dental support order, if the policy provides dental coverage,
881	879		issued under Chapter 154, Family Code, or enforceable by a court in
882	880		this state, and any other individual dependent on the adult.
883	881		SECTION 57. Section 1201.062(a), Insurance Code, is amended
884	882		to read as follows:
885	883		(a) An individual or group accident and health insurance
886	884		policy that is delivered, issued for delivery, or renewed in this
887	885		state, including a policy issued by a corporation operating under
888	886		Chapter 842, or a self-funded or self-insured welfare or benefit
889	887		plan or program, to the extent that regulation of the plan or
890	888		program is not preempted by federal law, that provides coverage for
891	889		a child of an insured or group member, on payment of a premium, must
892	890		provide coverage for:
893	891		(1) each grandchild of the insured or group member if
894	892		the grandchild is:
895	893		(A) unmarried;
896	894		(B) younger than 25 years of age; and
897	895		(C) a dependent of the insured or group member
898	896		for federal income tax purposes at the time application for
899	897		coverage of the grandchild is made; and
900	898		(2) each child for whom the insured or group member
901	899		must provide medical support or dental support, if the policy
902	900		provides dental coverage, under an order issued under Chapter 154,
903	901		Family Code, or enforceable by a court in this state.
904	902		SECTION 58. Section 1201.063, Insurance Code, is amended to
905	903		read as follows:
906	904		Sec. 1201.063. PROHIBITION OF CERTAIN CRITERIA RELATING TO
907	905		CHILD'S COVERAGE IN INDIVIDUAL OR GROUP POLICY. Regarding a
908	906		natural or adopted child of an insured or group member or a child
909	907		for whom the insured or group member must provide medical support or
910	908		dental support, if the policy provides dental coverage, under an
911	909		order issued under Chapter 154, Family Code, or enforceable by a
912	910		court in this state, an individual or group accident and health
913	911		insurance policy that provides coverage for a child of an insured or
914	912		group member may not set a different premium for the child, exclude
915	913		the child from coverage, or discontinue coverage of the child
916	914		because:
917	915		(1) the child does not reside with the insured or group
918	916		member; or
919	917		(2) the insured or group member does not claim the
920	918		child as an exemption for federal income tax purposes under Section
921	919		151(c) [151(c)(1)(B)], Internal Revenue Code of 1986.
922	920		SECTION 59. The heading to Chapter 1504, Insurance Code, is
923	921		amended to read as follows:
924	922		CHAPTER 1504. MEDICAL AND DENTAL CHILD SUPPORT
925	923		SECTION 60. Section 1504.001(4), Insurance Code, is amended
926	924		to read as follows:
927	925		(4) "Benefit [Health benefit] plan issuer" means:
928	926		(A) an insurance company, group hospital service
929	927		corporation, or health maintenance organization that delivers or
930	928		issues for delivery an individual, group, blanket, or franchise
931	929		insurance policy or agreement, a group hospital service contract,
932	930		or an evidence of coverage that provides benefits for medical or
933	931		surgical expenses incurred as a result of an accident or sickness,
934	932		or dental expenses;
935	933		(B) a governmental entity subject to Subchapter
936	934		D, Chapter 1355, Subchapter C, Chapter 1364, Chapter 1578, Article
937	935		3.51-1, 3.51-4, or 3.51-5, or Chapter 177, Local Government Code;
938	936		(C) the issuer of a multiple employer welfare
939	937		arrangement as defined by Section 846.001; or
940	938		(D) the issuer of a group health plan as defined
941	939		by Section 607, Employee Retirement Income Security Act of 1974 (29
942	940		U.S.C. Section 1167).
943	941		SECTION 61. Section 1504.002(b), Insurance Code, is amended
944	942		to read as follows:
945	943		(b) The commissioner shall adopt rules that define
946	944		"comparable health or dental coverage" in a manner that:
947	945		(1) is consistent with federal law; and
948	946		(2) complies with the requirements necessary to
949	947		maintain federal Medicaid funding.
950	948		SECTION 62. Section 1504.003, Insurance Code, is amended to
951	949		read as follows:
952	950		Sec. 1504.003. VIOLATION OF CHAPTER: RELIEF AVAILABLE TO
953	951		INJURED PERSON. A [health] benefit plan issuer that violates this
954	952		chapter is subject to the same penalties, and an injured person has
955	953		the same rights and remedies, as those provided by Subchapter D,
956	954		Chapter 541.
957	955		SECTION 63. The heading to Subchapter B, Chapter 1504,
958	956		Insurance Code, is amended to read as follows:
959	957		SUBCHAPTER B. DUTIES OF [HEALTH] BENEFIT PLAN ISSUER
960	958		SECTION 64. Section 1504.051, Insurance Code, is amended to
961	959		read as follows:
962	960		Sec. 1504.051. ENROLLMENT OF CERTAIN CHILDREN REQUIRED.
963	961		(a) A [health] benefit plan issuer shall permit a parent to enroll
964	962		a child in dependent health or dental coverage offered through the
965	963		issuer regardless of any enrollment period restriction if the
966	964		parent is:
967	965		(1) eligible for dependent health or dental coverage;
968	966		and
969	967		(2) required by a court order or administrative order
970	968		to provide health or dental insurance coverage for the child.
971	969		(b) A [health] benefit plan issuer shall enroll a child of a
972	970		parent described by Subsection (a) in dependent health or dental
973	971		coverage offered through the issuer if:
974	972		(1) the parent does not apply to obtain health or
975	973		dental coverage for the child through the issuer; and
976	974		(2) the child, a custodial parent of the child, or a
977	975		child support agency having a duty to collect or enforce support for
978	976		the child applies for the coverage.
979	977		SECTION 65. Section 1504.052, Insurance Code, is amended to
980	978		read as follows:
981	979		Sec. 1504.052. CHILD RESIDING OUTSIDE SERVICE AREA;
982	980		COMPARABLE HEALTH OR DENTAL COVERAGE REQUIRED. (a) A [health]
983	981		benefit plan issuer may not deny enrollment of a child under the
984	982		health or dental coverage of the child's parent on the ground that
985	983		the child does not reside in the issuer's service area.
986	984		(b) A [health] benefit plan issuer may not enforce an
987	985		otherwise applicable provision of the health or dental coverage
988	986		that would deny, limit, or reduce payment of a claim for a covered
989	987		child who resides outside the issuer's service area but inside the
990	988		United States.
991	989		(c) For a covered child who resides outside the [health]
992	990		benefit plan issuer's service area and whose coverage under a
993	991		policy or plan is required by a medical support order or dental
994	992		support order, the issuer shall provide coverage that is comparable
995	993		health or dental coverage to that provided to other dependents
996	994		under the policy or plan.
997	995		(d) Comparable health or dental coverage may include
998	996		coverage in which a [health] benefit plan issuer uses different
999	997		procedures for service delivery and health care provider
1000	998		reimbursement. Comparable health or dental coverage may not
1001	999		include coverage:
1002	1000		(1) that is limited to emergency services only; or
1003	1001		(2) for which the issuer charges a higher premium.
1004	1002		SECTION 66. Section 1504.053, Insurance Code, is amended to
1005	1003		read as follows:
1006	1004		Sec. 1504.053. CANCELLATION OR NONRENEWAL OF COVERAGE FOR
1007	1005		CERTAIN CHILDREN. (a) A [health] benefit plan issuer may not
1008	1006		cancel or refuse to renew health or dental coverage provided to a
1009	1007		child who is enrolled or entitled to enrollment under this chapter
1010	1008		unless satisfactory written evidence is filed with the issuer
1011	1009		showing that:
1012	1010		(1) the court or administrative order that required
1013	1011		the coverage is not in effect; or
1014	1012		(2) the child:
1015	1013		(A) is enrolled in comparable health or dental
1016	1014		coverage; or
1017	1015		(B) will be enrolled in comparable health or
1018	1016		dental coverage that takes effect not later than the effective date
1019	1017		of the cancellation or nonrenewal.
1020	1018		(b) For purposes of this section, a child is not enrolled or
1021	1019		entitled to enrollment under this chapter if the child's
1022	1020		eligibility for health or dental coverage ends because the parent
1023	1021		ceases to be eligible for dependent health or dental coverage.
1024	1022		SECTION 67. Section 1504.054, Insurance Code, is amended to
1025	1023		read as follows:
1026	1024		Sec. 1504.054. CONTINUATION OR CONVERSION OF COVERAGE.
1027	1025		(a) If a child's eligibility for dependent health or dental
1028	1026		coverage ends because the parent ceases to be eligible for the
1029	1027		coverage and the coverage provides for the continuation or
1030	1028		conversion of the coverage for the child, the [health] benefit plan
1031	1029		issuer shall notify the custodial parent and the child support
1032	1030		agency of the costs and other requirements for continuing or
1033	1031		converting the coverage.
1034	1032		(b) The [health] benefit plan issuer shall, on application
1035	1033		of a parent of the child, a child support agency, or the child,
1036	1034		enroll or continue enrollment of a child whose eligibility for
1037	1035		coverage ended under Subsection (a).
1038	1036		SECTION 68. Section 1504.055, Insurance Code, is amended to
1039	1037		read as follows:
1040	1038		Sec. 1504.055. PROCEDURE FOR CLAIMS. (a) A [health]
1041	1039		benefit plan issuer that provides health or dental coverage to a
1042	1040		child through a covered parent of the child shall:
1043	1041		(1) provide to each custodial parent of the child or to
1044	1042		an adult child documents and other information necessary for the
1045	1043		child to obtain benefits under the coverage, including:
1046	1044		(A) the name of the issuer;
1047	1045		(B) the number of the policy or evidence of
1048	1046		coverage;
1049	1047		(C) a copy of the policy or evidence of coverage
1050	1048		and schedule of benefits;
1051	1049		(D) a health or dental coverage membership card;
1052	1050		(E) claim forms; and
1053	1051		(F) any other document or information necessary
1054	1052		to submit a claim in accordance with the issuer's policies and
1055	1053		procedures;
1056	1054		(2) permit a custodial parent, health care provider,
1057	1055		state agency that has been assigned medical or dental support
1058	1056		rights, or adult child to submit claims for covered services
1059	1057		without the approval of the covered parent; and
1060	1058		(3) make payments on covered claims submitted in
1061	1059		accordance with this subsection directly to a custodial parent,
1062	1060		health care or dental care provider, adult child, or state agency
1063	1061		making a claim.
1064	1062		(b) A [health] benefit plan issuer shall provide to a state
1065	1063		agency that provides medical assistance, including medical
1066	1064		assistance for dental services, to the child or shall provide to a
1067	1065		child support agency that enforces medical or dental support on
1068	1066		behalf of a child the information necessary to obtain reimbursement
1069	1067		of medical or dental services provided to or paid on behalf of the
1070	1068		child.
1071	1069		SECTION 69. Section 1504.101, Insurance Code, is amended to
1072	1070		read as follows:
1073	1071		Sec. 1504.101. DENIAL OF ENROLLMENT ON CERTAIN GROUNDS
1074	1072		PROHIBITED. A [health] benefit plan issuer may not deny enrollment
1075	1073		of a child under the health or dental coverage of the child's parent
1076	1074		on the ground that the child:
1077	1075		(1) has a preexisting condition;
1078	1076		(2) was born out of wedlock;
1079	1077		(3) is not claimed as a dependent on the parent's
1080	1078		federal income tax return;
1081	1079		(4) does not reside with the parent; or
1082	1080		(5) receives or has applied for medical assistance.
1083	1081		SECTION 70. Section 1504.102, Insurance Code, is amended to
1084	1082		read as follows:
1085	1083		Sec. 1504.102. ASSIGNMENT OF MEDICAL OR DENTAL SUPPORT
1086	1084		RIGHTS: DIFFERENT REQUIREMENTS PROHIBITED. A [health] benefit
1087	1085		plan issuer may not require a state agency that has been assigned
1088	1086		the rights of an individual who is eligible for medical assistance
1089	1087		and is covered for health or dental benefits from the issuer to
1090	1088		comply with a requirement that is different from a requirement
1091	1089		imposed on an agent or assignee of any other covered individual.
1092	1090		SECTION 71. Section 402.085, Labor Code, is amended to read
1093	1091		as follows:
1094	1092		Sec. 402.085. EXCEPTIONS TO CONFIDENTIALITY. (a) The
1095	1093		division shall release information on a claim to:
1096	1094		(1) the Texas Department of Insurance for any
1097	1095		statutory or regulatory purpose, including a research purpose under
1098	1096		Chapter 405;
1099	1097		(2) a legislative committee for legislative purposes;
1100	1098		(3) a state or federal elected official requested in
1101	1099		writing to provide assistance by a constituent who qualifies to
1102	1100		obtain injury information under Section 402.084(b), if the request
1103	1101		for assistance is provided to the division;
1104	1102		(4) the attorney general or another entity that
1105	1103		provides child support services under Part D, Title IV, Social
1106	1104		Security Act (42 U.S.C. Section 651 et seq.), relating to:
1107	1105		(A) establishing, modifying, or enforcing a child
1108	1106		support, [or] medical support, or dental support obligation; or
1109	1107		(B) locating an absent parent; or
1110	1108		(5) the office of injured employee counsel for any
1111	1109		statutory or regulatory purpose that relates to a duty of that
1112	1110		office as provided by Section 404.111(a).
1113	1111		(b) The division may release information on a claim to a
1114	1112		governmental agency, political subdivision, or regulatory body to use
1115	1113		to:
1116	1114		(1) investigate an allegation of a criminal offense or
1117	1115		licensing or regulatory violation;
1118	1116		(2) provide:
1119	1117		(A) unemployment compensation benefits;
1120	1118		(B) crime victims compensation benefits;
1121	1119		(C) vocational rehabilitation services; or
1122	1120		(D) health care benefits;
1123	1121		(3) investigate occupational safety or health
1124	1122		violations;
1125	1123		(4) verify income on an application for benefits under
1126	1124		an income-based state or federal assistance program; or
1127	1125		(5) assess financial resources in an action, including
1128	1126		an administrative action, to:
1129	1127		(A) establish, modify, or enforce a child
1130	1128		support, [or] medical support, or dental support obligation;
1131	1129		(B) establish paternity;
1132	1130		(C) locate an absent parent; or
1133	1131		(D) cooperate with another state in an action
1134	1132		authorized under Part D, Title IV, Social Security Act (42 U.S.C.
1135	1133		Section 651 et seq.), or Chapter 231, Family Code.
1136	1134		SECTION 72. (a) The changes in law made by this Act apply
1137	1135		to a suit affecting the parent-child relationship filed on or after
1138	1136		the effective date of this Act. A suit affecting the parent-child
1139	1137		relationship filed before the effective date of this Act is
1140	1138		governed by the law in effect on the date the suit was filed, and the
1141	1139		former law is continued in effect for that purpose.
1142	1140		(b) The change in law made by this Act does not by itself
1143	1141		constitute a material and substantial change of circumstances under
1144	1142		Section 156.401, Family Code, as amended by this Act, sufficient to
1145	1143		warrant modification of a court order or a portion of a decree that
1146	1144		provides for the support of a child rendered before the effective
1147	1145		date of this Act.
1148	1146		SECTION 73. This Act takes effect September 1, 2018.
	1147	+	______________________________ ______________________________
	1148	+	President of the Senate Speaker of the House
	1149	+	I hereby certify that S.B. No. 550 passed the Senate on
	1150	+	May 4, 2015, by the following vote: Yeas 30, Nays 1.
	1151	+	______________________________
	1152	+	Secretary of the Senate
	1153	+	I hereby certify that S.B. No. 550 passed the House on
	1154	+	May 27, 2015, by the following vote: Yeas 142, Nays 2, two
	1155	+	present not voting.
	1156	+	______________________________
	1157	+	Chief Clerk of the House
	1158	+	Approved:
	1159	+	______________________________
	1160	+	Date
	1161	+	______________________________
	1162	+	Governor