House File 2076
HOUSE FILE
BY CARROLL
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to insurance coverage under a medical support
2 order.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5058YH 80
5 pf/pj/5
PAG LIN
1 1 Section 1. Section 252E.7, Code 2003, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 7. For the purposes of this section, the
1 4 insurer of the obligor includes an insurer who provides a
1 5 health benefit plan under which the obligor is covered and
1 6 under which the dependent is otherwise eligible to be covered
1 7 and includes an insurer providing a health benefit plan to the
1 8 obligor's spouse if the obligor is covered under such plan.
1 9 Sec. 2. Section 252E.8, Code 2003, is amended by adding
1 10 the following new subsection:
1 11 NEW SUBSECTION. 5. For the purposes of this section, the
1 12 insurer of the obligor includes an insurer who provides a
1 13 health benefit plan under which the obligor is covered and
1 14 under which the dependent is otherwise eligible to be covered
1 15 and includes an insurer providing a health benefit plan to the
1 16 obligor's spouse if the obligor is covered under such plan.
1 17 Sec. 3. Section 514C.9, subsection 5, Code 2003, is
1 18 amended by adding the following new paragraph:
1 19 NEW PARAGRAPH. cc. "Insurer of the obligor" means an
1 20 insurer who provides a health benefit plan under which the
1 21 obligor is covered and under which the dependent is otherwise
1 22 eligible to be covered and includes an insurer providing a
1 23 health benefit plan to the obligor's spouse if the obligor is
1 24 covered under such plan.
1 25 Sec. 4. Section 598.21, subsection 4, paragraph c, Code
1 26 Supplement 2003, is amended to read as follows:
1 27 c. (1) The guidelines prescribed by the supreme court
1 28 shall incorporate provisions for medical support as defined in
1 29 chapter 252E to be effective on or before January 1, 1991.
1 30 (2) In any order of medical support issued by the court,
1 31 the court shall require all of the following:
1 32 (a) That the signature of the custodial parent of the
1 33 child shall constitute a valid authorization to the insurer
1 34 for all of the following:
1 35 (i) For the purposes of processing an insurance payment to
2 1 the provider of the medical services or to the custodial
2 2 parent.
2 3 (ii) For the purposes of providing information to the
2 4 custodial parent regarding the child's health benefit plan
2 5 coverages.
2 6 (b) That neither the custodial parent nor the noncustodial
2 7 parent shall interfere with the timely processing of any
2 8 insurance claim.
2 9 (c) If the parent or other individual entity receiving an
2 10 insurance payment based on medical services provided to the
2 11 child is not the parent or other individual obligated to pay
2 12 for those medical services, the parent or other individual
2 13 entity receiving the payment shall promptly transmit the
2 14 payment to the parent or other individual obligated to pay for
2 15 those medical services.
2 16 For the purposes of this subparagraph (2), "insurer" means
2 17 any entity that provides a health benefit plan as defined in
2 18 section 252E.1 to a child under a medical support order.
2 19 EXPLANATION
2 20 This bill provides that under the medical support chapter,
2 21 which provides for the coverage of the medical expenses of a
2 22 child under a medical support order, for the purposes of
2 23 authorizing enrollment of a child in a health benefit plan and
2 24 for the purposes of the release of information by the insurer,
2 25 "insurer of the obligor" includes an insurer who provides a
2 26 health benefit plan under which the obligor is covered and
2 27 under which the dependent is otherwise eligible to be covered,
2 28 and includes an insurer providing a health benefit plan to the
2 29 obligor's spouse if the obligor is covered under such plan.
2 30 The bill also provides that in any medical support order
2 31 issued by the court, the court is to require all of the
2 32 following:
2 33 1. That the signature of the custodial parent of the
2 34 insured by child constitutes a valid authorization to the
2 35 insurer for all of the following:
3 1 a. For the purposes of processing an insurance payment to
3 2 the provider of the medical services or to the custodial
3 3 parent.
3 4 b. For the purposes of providing information to the
3 5 custodial parent regarding the child's medical coverage.
3 6 2. That neither the custodial parent nor the noncustodial
3 7 parent shall interfere with the timely processing of any
3 8 insurance claim.
3 9 3. If the parent or other individual receiving an
3 10 insurance payment based on medical services provided to the
3 11 child is not the parent or other individual obligated to pay
3 12 for those medical services, the parent or other individual
3 13 receiving the payment shall promptly transmit the payment to
3 14 the parent or other individual obligated to make the payment.
3 15 LSB 5058YH 80
3 16 pf/pj/5