Text: HF02394 Text: HF02396 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 2395 1 2 1 3 AN ACT 1 4 RELATING TO CHILD SUPPORT INCLUDING PROVISIONS RELATING TO 1 5 MEDICAL SUPPORT AND THE CALCULATION OF THE CHILD SUPPORT 1 6 AMOUNT RELATIVE TO RECEIPT OF FEDERAL SOCIAL SECURITY 1 7 BENEFITS, PROVIDING AN EFFECTIVE DATE, AND PROVIDING FOR 1 8 RETROACTIVE APPLICABILITY. 1 9 1 10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 11 1 12 Section 1. Section 252D.18A, subsection 1, Code 2001, is 1 13 amended to read as follows: 1 14 1. The total of all amounts withheld shall not exceed the 1 15 amounts specified in 15 U.S.C. } 1673(b). For orders or 1 16 notices issued by the child support recovery unit, the limit 1 17 for the amount to be withheld shall be specified in the order 1 18 or notice. 1 19 Sec. 2. Section 252D.18A, subsection 3, paragraph b, Code 1 20 2001, is amended to read as follows: 1 21 b. If, after completing the calculation in paragraph "a", 1 22 the withholding limit specified under15 U.S.C. } 1673(b)1 23 subsection 1 has not been attained, the payor shall total the 1 24 amounts due for arrearages and determine the proportionate 1 25 share for each obligee. The proportionate share amounts shall 1 26 be established utilizing the procedures established in 1 27 paragraph "a" for current support obligations. 1 28 Sec. 3. Section 252E.1, Code 2001, is amended to read as 1 29 follows: 1 30 252E.1 DEFINITIONS. 1 31 As used in this chapter, unless the context otherwise 1 32 requires: 1 33 1. "Accessible" means any of the following, unless 1 34 otherwise provided in the support order: 1 35 a. The health benefit plan does not have service area 2 1 limitations or provides an option not subject to service area 2 2 limitations. 2 3 b. The health benefit plan has service area limitations 2 4 and the dependent lives within thirty miles or thirty minutes 2 5 of a network primary care provider. 2 6 2. "Basic coverage" means coverage provided under a health 2 7 benefit plan that at a minimum provides coverage for emergency 2 8 care, inpatient and outpatient hospital care, physician 2 9 services whether provided within or outside a hospital 2 10 setting, and laboratory and x-ray services. 2 111.3. "Child" means a person for whom child or medical 2 12 support may be ordered pursuant to chapter 234, 239B, 252A, 2 13 252C, 252F, 252H, 252K, 598, 600B or any other chapter of the 2 14 Code or pursuant to a comparable statute of a foreign 2 15 jurisdiction. 2 162.4. "Department" means the department of human services, 2 17 which includes but is not limited to the child support 2 18 recovery unit, or any comparable support enforcement agency of 2 19 another state. 2 203.5. "Dependent" means a child, or an obligee for whom a 2 21 court may order coverage by a health benefit plan pursuant to 2 22 section 252E.3. 2 234.6. "Enroll" means to be eligible for and covered by a 2 24 health benefit plan. 2 255.7. "Health benefit plan" means any policy or contract 2 26 of insurance, indemnity, subscription or membership issued by 2 27 an insurer, health service corporation, health maintenance 2 28 organization, or any similar corporation, organization, or a 2 29 self-insured employee benefit plan, for the purpose of 2 30 covering medical expenses. These expenses may include, but 2 31 are not limited to hospital, surgical, major medical 2 32 insurance, dental, optical, prescription drugs, office visits, 2 33 or any combination of these or any other comparable health 2 34 care expenses. 2 356.8. "Insurer" means any entity which provides a health 3 1 benefit plan. 3 27.9. "Medical support" means either the provision of a 3 3 health benefit plan, including a group or employment-related 3 4 or an individual health benefit plan, or a health benefit plan 3 5 provided pursuant to chapter 514E, to meet the medical needs 3 6 of a dependent and the cost of any premium required by a 3 7 health benefit plan, or the payment to the obligee of a 3 8 monetary amount in lieu of a health benefit plan, either of 3 9 which is an obligation separate from any monetary amount of 3 10 child support ordered to be paid. Medical support is not 3 11 alimony. 3 12 10. "National medical support notice" means a notice as 3 13 prescribed under 42 U.S.C. } 666(a)(19) or a substantially 3 14 similar notice, that is issued and forwarded by the department 3 15 to enforce medical support provisions of a support order. 3 168.11. "Obligee" means a parent or another natural person 3 17 legally entitled to receive a support payment on behalf of a 3 18 child. 3 199.12. "Obligor" means a parent or another natural person 3 20 legally responsible for the support of a dependent. 3 2110.13. "Order" means a support order entered pursuant to 3 22 chapter 234, 252A, 252C, 252F, 252H, 252K, 598, 600B, or any 3 23 other support chapter, or pursuant to a comparable statute of 3 24 a foreign jurisdiction, or an ex parte order entered pursuant 3 25 to section 252E.4. "Order" also includes a notice of such an 3 26 order issued by thechild support recovery unit to an employer3 27 department. 3 28 14. "Plan administrator" means the employer or sponsor 3 29 that offers the health benefit plan or the person to whom the 3 30 duty of plan administrator is delegated by the employer or 3 31 sponsor offering the health benefit plan, by written agreement 3 32 of the parties. 3 33 15. "Primary care provider" means a physician who provides 3 34 primary care who is a family or general practitioner, a 3 35 pediatrician, an internist, an obstetrician, or a 4 1 gynecologist. 4 2 Sec. 4. Section 252E.2, subsection 2, unnumbered paragraph 4 3 1, Code 2001, is amended to read as follows: 4 4 An insurer who is subject to the federal Employee 4 5 Retirement Income Security Act, as codified in 29 U.S.C. } 4 6 1169, shall provide benefits in accordance with that section 4 7 which meet the requirements of a qualified medical child 4 8 support order. For the purposes of this subsection "qualified 4 9 medical child support order" means and includes a medical 4 10 child support order as defined in 29 U.S.C. } 1169, or a child 4 11 support order which creates or recognizes the existence of a 4 12 child's right to, or assigns to a child the right to, receive 4 13 benefits for which a participant or child is eligible under a 4 14 group health plan or a notice of such an order issued by the 4 15child support recovery unitdepartment, and which specifies 4 16 the following: 4 17 Sec. 5. Section 252E.4, subsection 1, Code 2001, is 4 18 amended to read as follows: 4 19 1. When a support order requires an obligor to provide 4 20 coverage under a health benefit plan, the district court or 4 21 the department may enter an ex parte order directing an 4 22 employer to take all actions necessary to enroll an obligor's 4 23 dependent for coverage under a health benefit plan or may 4 24 include the provisions in an ex parte income withholding order 4 25 or notice of income withholding pursuant to chapter 252D. The 4 26 child support recovery unit, where appropriate, shall issue a 4 27 national medical support notice to an employer within two 4 28 business days after the date information regarding a newly 4 29 hired employee is entered into the centralized employee 4 30 registry and matched with a noncustodial parent in the case 4 31 being enforced by the unit. The department may amend the 4 32 information in the ex parte order or may amend or terminate 4 33 the national medical support notice regarding health insurance 4 34 provisions if necessary to comply with health insurance 4 35 requirements including but not limited to the provisions of 5 1 section 252E.2, subsection 2, or to correct a mistake of fact. 5 2 Sec. 6. Section 252E.5, subsections 1 and 3, Code 2001, 5 3 are amended to read as follows: 5 4 1. When the order has been forwarded to the obligor's 5 5 employer pursuant to section 252E.4, the order is binding on 5 6 the employer and the employer's insurer to the extent that the 5 7 dependent is eligible to be enrolled in the plan under the 5 8 applicable terms and conditions of the health benefit plan and 5 9 the standard enrollment guidelines of the insurer. The 5 10 employer shall allow enrollment of the dependent at any time, 5 11 notwithstanding any enrollment season restrictions. If a 5 12 provision of this section conflicts with a provision in the 5 13 national medical support notice, or in subsection 9, the 5 14 provision in the notice and subsection 9 shall apply. 5 15 3. The employer shall withhold from the employee's 5 16 compensation, the employee's share, if any, of premiums for 5 17 the health benefit plan in an amount that does not exceed the 5 18 amount specified in the national medical support notice or the 5 19 amount specified in 15 U.S.C. } 1673(b) and which is 5 20 consistent with federal law. The employer shall forward the 5 21 amount withheld to the insurer. 5 22 Sec. 7. Section 252E.5, Code 2001, is amended by adding 5 23 the following new subsection: 5 24 NEW SUBSECTION. 9. If the department issues a national 5 25 medical support notice to an employer or plan administrator, 5 26 all of the following shall apply: 5 27 a. The employer and plan administrator shall comply with 5 28 the provisions in the notice. 5 29 b. The employer and the plan administrator shall treat the 5 30 notice as an application by the department for health benefit 5 31 plan coverage for the dependent to the extent such application 5 32 is required by the health benefit plan. 5 33 c. If the obligor named in the notice is not an employee 5 34 of the employer, or if a health benefit plan is not offered or 5 35 available to the employee, the employer shall notify the 6 1 department, as provided in the notice, within twenty business 6 2 days after the date of the notice. 6 3 d. If a health benefit plan is offered or available to the 6 4 employee, the employer shall send the plan administrator's 6 5 portion of the notice to each appropriate plan administrator 6 6 within twenty business days after the date of the notice. 6 7 e. Upon notification from the plan administrator that the 6 8 dependent is enrolled, the employer shall either withhold and 6 9 forward the premiums as provided in subsection 3, or shall 6 10 notify the department that the enrollment cannot be completed 6 11 due to limits established for withholding as provided in 6 12 subsection 3. 6 13 f. If the plan administrator notifies the employer that 6 14 the obligor is subject to a waiting period that expires more 6 15 than ninety days from the date of receipt of the notice by the 6 16 plan administrator or that the obligor is subject to a waiting 6 17 period that is measured in a manner other than the passage of 6 18 time, the employer shall notify the plan administrator when 6 19 the obligor becomes eligible to enroll in the plan and that 6 20 the notice requires enrollment in the plan of the dependent 6 21 named in the notice. 6 22 g. The plan administrator shall enroll the dependent, and 6 23 if necessary to enrollment of the dependent shall also enroll 6 24 the obligor, in the plan selected in accordance with this 6 25 paragraph. All of the following shall apply to the selection 6 26 of the plan: 6 27 (1) If the obligor is enrolled in a health benefit plan 6 28 that offers dependent coverage, that plan shall be selected. 6 29 (2) If the obligor is not enrolled in a plan or is not 6 30 enrolled in a plan that offers dependent coverage, and if only 6 31 one plan with dependent coverage is offered by the employer, 6 32 that plan shall be selected. 6 33 (3) If the obligor is not enrolled in a health benefit 6 34 plan or is not enrolled in a health benefit plan that offers 6 35 dependent coverage, if more than one plan with dependent 7 1 coverage is offered by the employer, and if the notice is 7 2 issued by the child support recovery unit, all of the 7 3 following shall apply: 7 4 (a) If only one of the plans is accessible to the 7 5 dependent, that plan shall be selected. If none of the plans 7 6 with dependent coverage is accessible to the dependent, the 7 7 unit shall amend or terminate the notice. 7 8 (b) If more than one of the plans is accessible to the 7 9 dependent, the plan selected shall be the plan that provides 7 10 basic coverage for which the employee's share of the premium 7 11 is lowest. 7 12 (c) If more than one of the plans is accessible to the 7 13 dependent but none of the accessible plans provides basic 7 14 coverage, the plan selected shall be a plan that is accessible 7 15 and for which the employee's share of the premium is lowest. 7 16 (d) If the employee's share of the premiums is the same 7 17 under all plans described in subparagraph (b) or (c), the unit 7 18 shall attempt to consult with the obligee when selecting the 7 19 plan. If the obligee does not respond within ten days of the 7 20 unit's attempt, the unit shall select a plan which shall be 7 21 the plan's default option, if any, or the plan with the lowest 7 22 deductibles and copayment requirements. 7 23 (4) If the obligor is not enrolled in a health benefit 7 24 plan or is not enrolled in a health benefit plan that offers 7 25 dependent coverage, if more than one plan with dependent 7 26 coverage is offered by the employer, and if the notice is 7 27 issued by the child support enforcement agency of another 7 28 state, that agency shall select the plan as provided in 7 29 paragraph "h", subparagraph (3). 7 30 h. Within forty business days after the date of the 7 31 notice, the plan administrator shall do all of the following 7 32 as directed by the notice: 7 33 (1) Complete the appropriate portion of the notice and 7 34 return the portion to the department. 7 35 (2) If the dependent is or is to be enrolled, notify the 8 1 obligor, the obligee, and the child and furnish the obligee 8 2 with necessary information. Provide the child support 8 3 recovery unit with the type of health benefit plan under which 8 4 the dependent has been enrolled, including whether dental, 8 5 optical, office visits, and prescription drugs are covered 8 6 services. 8 7 (3) If more than one health benefit plan is available to 8 8 the obligor and the obligor is not enrolled, forward plan 8 9 descriptions and documents to the department and enroll the 8 10 dependent, and if necessary the obligor, in the plan selected 8 11 by the department or in any default option if the plan 8 12 administrator has not received a selection from the department 8 13 within twenty business days of the date the plan administrator 8 14 returned the national medical support notice response to the 8 15 department. 8 16 (4) If the obligor is subject to a waiting period that 8 17 expires more than ninety days from the date of receipt of the 8 18 notice by the plan administrator or if the obligor has not 8 19 completed a waiting period that is measured in a manner other 8 20 than the passage of time, notify the employer, the department, 8 21 the obligor, and the obligee. Upon satisfaction of the period 8 22 or requirement, complete the enrollment. 8 23 (5) Upon completion of the enrollment, notify the employer 8 24 for a determination of whether the necessary employee share of 8 25 the premium is available. 8 26 (6) If the plan administrator is subject to the federal 8 27 Employee Retirement Income Security Act, as codified in 29 8 28 U.S.C. } 1169, or is subject to the federal Child Support 8 29 Performance and Incentive Act of 1998, Pub. L. No. 105-200, } 8 30 401, subsection (e) or (f) and the plan administrator 8 31 determines the notice does not constitute a qualified medical 8 32 child support order, complete and send the response to the 8 33 department and notify the obligor, the obligee, and the child 8 34 of the specific reason for the determination. 8 35 Sec. 8. Section 252E.6, subsection 2, Code 2001, is 9 1 amended to read as follows: 9 2 2. For cases for which services are being provided 9 3 pursuant to chapter 252B, the department shall notify the 9 4 employer when there is no longer a current order for medical 9 5 support in effect for which the department is responsible. 9 6 However, termination ofan obligee'smedical support ordered 9 7 pursuant to section 252E.3 shall be governed by the insurer's 9 8 health benefit plan provisions for termination and by 9 9 applicable federal law. 9 10 Sec. 9. Section 252E.6A, Code 2001, is amended to read as 9 11 follows: 9 12 252E.6A MOTION TO QUASH. 9 13 1. An obligor may move to quash the order to the employer 9 14 under section 252E.4 by following the same procedures and 9 15 alleging a mistake of a fact as provided in section 252D.31 or 9 16 as provided in subsection 2. If the unit is enforcing an 9 17 income withholding order and a medical support order 9 18 simultaneously, any challenge to the income withholding order 9 19 and medical support enforcement shall be filed and heard 9 20 simultaneously. 9 21 2. The obligor may allege as a mistake of fact an error in 9 22 the availability of dependent coverage under the health 9 23 benefit plan because the coverage is not accessible to the 9 24 dependent. Even if the plan is not accessible as defined in 9 25 section 252E.1, the court may determine that the plan is 9 26 substantially accessible if the obligee demonstrates that the 9 27 dependent may receive a benefit under the plan. Section 9 28 252K.316 relating to evidence and procedure shall apply to the 9 29 court proceeding. 9 302.3. The employer shall comply with the requirements of 9 31 this chapter until the employer receives notice that a motion 9 32 to quash has been granted, or that the unit has amended or 9 33 terminated the national medical support notice. 9 34 Sec. 10. Section 252H.2, subsection 12, Code 2001, is 9 35 amended to read as follows: 10 1 12. "State" means "state" as defined in section252A.210 2 252K.101. 10 3 Sec. 11. Section 252H.3, subsection 1, Code 2001, is 10 4 amended to read as follows: 10 5 1. Any action initiated under this chapter, including any 10 6 court hearing resulting from an action, shall be limited in 10 7 scope to the adjustment or modification of the child or 10 8 medical support or cost-of-living alteration of the child 10 9 support provisions of a support order. A determination of a 10 10 controlling order is within the scope of this chapter. If the 10 11 social security disability provisions of sections 598.22 and 10 12 598.22C apply, a determination of the amount of delinquent 10 13 support due is within the scope of this chapter. 10 14 Sec. 12. Section 252H.8, subsection 4, paragraph g, Code 10 15 2001, is amended to read as follows: 10 16 g. Copies of any computation worksheet prepared by the 10 17 unit to determine the amount of support calculated using the 10 18 mandatory child support guidelines established under section 10 19 598.21, subsection 4, and, if appropriate and the social 10 20 security disability provisions of sections 598.22 and 598.22C 10 21 apply, a determination of the amount of delinquent support 10 22 due. 10 23 Sec. 13. Section 252H.9, subsection 3, Code 2001, is 10 24 amended by adding the following new paragraph: 10 25 NEW PARAGRAPH. h. If applicable, the amount of delinquent 10 26 support due based upon the receipt of social security 10 27 disability payments as provided in sections 598.22 and 10 28 598.22C. 10 29 Sec. 14. Section 252H.16, subsection 1, Code 2001, is 10 30 amended to read as follows: 10 31 1. The unit shall conduct the review and determine whether 10 32 an adjustment is appropriate. As necessary, the unit shall 10 33 make a determination of the controlling order or the amount of 10 34 delinquent support due based upon the receipt of social 10 35 security disability payments as provided in sections 598.22 11 1 and 598.22C. 11 2 Sec. 15. Section 252H.22, Code 2001, is amended by adding 11 3 the following new subsection: 11 4 NEW SUBSECTION. 6. The support order is not subject to 11 5 the social security disability provisions pursuant to sections 11 6 598.22 and 598.22C. 11 7 Sec. 16. Section 598.21, subsection 4, Code Supplement 11 8 2001, is amended by adding the following new paragraph: 11 9 NEW PARAGRAPH. f. For the purposes of including a child's 11 10 dependent benefit in calculating a support obligation under 11 11 this section for a child whose parent has been awarded 11 12 disability benefits under the federal Social Security Act, the 11 13 provisions of section 598.22C shall apply. 11 14 Sec. 17. Section 598.21, subsection 5A, Code Supplement 11 15 2001, is amended by adding the following new paragraph: 11 16 NEW PARAGRAPH. e. A support order, decree, or judgment 11 17 entered or pending before July 1, 1997, that provides for 11 18 support of a child for college, university, or community 11 19 college expenses, may be modified in accordance with this 11 20 subsection. 11 21 Sec. 18. Section 598.22, unnumbered paragraph 1, Code 11 22 2001, is amended to read as follows: 11 23 Except as otherwise provided in section 598.22A, this 11 24 section applies to all initial or modified orders for support 11 25 entered under this chapter, chapter 234, 252A, 252C, 252F, 11 26 600B, or any other chapter of the Code. All orders or 11 27 judgments entered under chapter 234, 252A, 252C, 252F, or 11 28 600B, or under this chapter or any other chapter which provide 11 29 for temporary or permanent support payments shall direct the 11 30 payment of those sums to the clerk of the district court or 11 31 the collection services center in accordance with section 11 32 252B.14 for the use of the person for whom the payments have 11 33 been awarded. Beginning October 1, 1999, all income 11 34 withholding payments shall be directed to the collection 11 35 services center. Payments to persons other than the clerk of 12 1 the district court and the collection services center do not 12 2 satisfy the support obligations created by the orders or 12 3 judgments, except as provided for trusts governed by the 12 4 federal Retirement Equity Act of 1984, Pub. L. No. 98-397, for 12 5 tax refunds or rebates in section 602.8102, subsection 47, or 12 6 for dependent benefits paid to the child support obligee as 12 7 the result of disability benefits awarded to the child support 12 8 obligor under the federal Social Security Act. For trusts 12 9 governed by the federal Retirement Equity Act of 1984, Pub. L. 12 10 No. 98-397, the order for income withholding or notice of the 12 11 order for income withholding shall require the payment of such 12 12 sums to the alternate payee in accordance with the federal 12 13 Act. For dependent benefits paid to the child support obligee 12 14 as a result of disability benefits awarded to the child 12 15 support obligor under the federal Social Security Act, the 12 16 provisions of section 598.22C shall apply. 12 17 Sec. 19. NEW SECTION. 598.22C CHILD SUPPORT – SOCIAL 12 18 SECURITY DISABILITY DEPENDENT BENEFITS. 12 19 If dependent benefits are paid for a child as a result of 12 20 disability benefits awarded to the child's parent under the 12 21 federal Social Security Act, all of the following shall apply: 12 22 1. Unless the court otherwise provides, dependent benefits 12 23 paid to the child support obligee as a result of disability 12 24 benefits awarded to the child support obligor fully satisfy 12 25 and substitute for the support obligations for the same period 12 26 of time for which the benefits are awarded. 12 27 2. For the purposes of calculating a support obligation 12 28 under section 598.21, subsection 4, the dependent benefits 12 29 paid for any child shall be included as income to the disabled 12 30 parent. 12 31 3. a. Any order or judgment for support for a child for 12 32 whom social security disability benefits are paid to the child 12 33 support obligee as a result of disability benefits awarded to 12 34 the child support obligor shall include all of the following: 12 35 (1) The dollar amount of the child support obligation as 13 1 calculated by application of the guidelines under section 13 2 598.21, subsection 4, and a statement that the social security 13 3 dependent benefits are included as income to the obligor in 13 4 that calculation. 13 5 (2) The dollar amount of the social security dependent 13 6 benefits paid to the obligee which shall be dollar-for-dollar 13 7 satisfaction of the obligor's child support obligation. 13 8 (3) The dollar amount, if any, the obligor shall pay after 13 9 application of the social security dependent benefits as a 13 10 credit to or dollar-for-dollar satisfaction of the child 13 11 support obligation. 13 12 b. The amount of the child support obligation stated in 13 13 the order, and the amount the obligor shall pay after 13 14 application of the social security disability dependent 13 15 benefit credit or satisfaction stated in the order, shall 13 16 continue until modified, as provided in section 598.21. 13 17 4. The amount of any child support obligation satisfied 13 18 under this section based upon the receipt of dependent 13 19 benefits paid to the child support obligee as a result of 13 20 disability benefits awarded to the child support obligor shall 13 21 not be considered delinquent. 13 22 Sec. 20. Section 600.11, subsection 2, Code 2001, is 13 23 amended by adding the following new paragraph: 13 24 NEW PARAGRAPH. f. A person who is ordered to pay support 13 25 or a postsecondary education subsidy pursuant to section 13 26 598.21, subsection 5A, or chapter 234, 252A, 252C, 252F, 598, 13 27 600B, or any other chapter of the Code, for a person eighteen 13 28 years of age or older who is being adopted by a stepparent, 13 29 and the support order or order requires payment of support or 13 30 postsecondary education subsidy for any period of time after 13 31 the child reaches eighteen years of age. 13 32 Sec. 21. EFFECTIVE DATE AND RETROACTIVE APPLICABILITY 13 33 PROVISION. Section 17 of this Act, relating to the 13 34 modification of a support order, decree, or judgment pending 13 35 on or before July 1, 1997, that provides for support of a 14 1 child for college, university, or community college expenses, 14 2 being deemed of immediate importance, takes effect upon 14 3 enactment and is retroactively applicable to support orders, 14 4 decrees, or judgments as described in section 17 of this Act 14 5 entered or pending before July 1, 1997. 14 6 14 7 14 8 14 9 BRENT SIEGRIST 14 10 Speaker of the House 14 11 14 12 14 13 14 14 MARY E. KRAMER 14 15 President of the Senate 14 16 14 17 I hereby certify that this bill originated in the House and 14 18 is known as House File 2395, Seventy-ninth General Assembly. 14 19 14 20 14 21 14 22 MARGARET THOMSON 14 23 Chief Clerk of the House 14 24 Approved , 2002 14 25 14 26 14 27 14 28 THOMAS J. VILSACK 14 29 Governor
Text: HF02394 Text: HF02396 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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