Senate Study Bill 1239 



                                       SENATE/HOUSE FILE       
                                       BY  (PROPOSED DEPARTMENT OF
                                            HUMAN SERVICES BILL)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to support including child support provisions
  2    relating to passport sanctions for nonpayment of child support
  3    and mandatory review and adjustment of child support orders,
  4    medical support, and support payments, providing effective
  5    dates, and providing for retroactive applicability.
  6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  7 TLSB 1241DP 82
  8 pf/je/5

PAG LIN



  1  1                           DIVISION I
  1  2                       PASSPORT SANCTIONS
  1  3    Section 1.  Section 252B.5, subsection 11, paragraph a,
  1  4 Code 2007, is amended to read as follows:
  1  5    a.  Comply with federal procedures to periodically certify
  1  6 to the secretary of the United States department of health and
  1  7 human services, a list of the names of obligors determined by
  1  8 the unit to owe delinquent support, under a support order as
  1  9 defined in section 252J.1, in excess of five two thousand five
  1 10 hundred dollars.  The certification of the delinquent amount
  1 11 owed may be based upon one or more support orders being
  1 12 enforced by the unit if the delinquent support owed exceeds
  1 13 five two thousand five hundred dollars.  The certification
  1 14 shall include any amounts which are delinquent pursuant to the
  1 15 periodic payment plan when a modified order has been
  1 16 retroactively applied.  The certification shall be in a format
  1 17 and shall include any supporting documentation required by the
  1 18 secretary.
  1 19    Sec. 2.  Section 252B.5, subsection 11, paragraph b,
  1 20 subparagraph (1), subparagraph subdivision (b), Code 2007, is
  1 21 amended to read as follows:
  1 22    (b)  A statement providing information that if the
  1 23 delinquency is in excess of five two thousand five hundred
  1 24 dollars, the United States secretary of state may apply a
  1 25 passport sanction by revoking, restricting, limiting, or
  1 26 refusing to issue a passport as provided in 42 U.S.C.  }
  1 27 652(k).
  1 28    Sec. 3.  Section 252B.5, subsection 11, paragraph b,
  1 29 subparagraph (2), subparagraph subdivision (a), unnumbered
  1 30 paragraph 1, Code 2007, is amended to read as follows:
  1 31    A challenge shall be based upon mistake of fact.  For the
  1 32 purposes of this subsection, "mistake of fact" means a mistake
  1 33 in the identity of the obligor or a mistake in the amount of
  1 34 the delinquent child support owed if the amount did not exceed
  1 35 five two thousand five hundred dollars on the date of the
  2  1 unit's decision on the challenge.
  2  2    Sec. 4.  Section 252B.5, subsection 11, paragraph c, Code
  2  3 2007, is amended to read as follows:
  2  4    c.  Following certification to the secretary, if the unit
  2  5 determines that an obligor no longer owes delinquent support
  2  6 in excess of five two thousand five hundred dollars, the unit
  2  7 shall provide information and notice as the secretary requires
  2  8 to withdraw the certification for passport sanction.
  2  9    Sec. 5.  EFFECTIVE DATE.  This division of this Act takes
  2 10 effect October 1, 2007.
  2 11                           DIVISION II
  2 12                 MANDATORY REVIEW AND ADJUSTMENT
  2 13                     OF CHILD SUPPORT ORDERS
  2 14    Sec. 6.  Section 252B.26, Code 2007, is amended to read as
  2 15 follows:
  2 16    252B.26  SERVICE OF PROCESS.
  2 17    Notwithstanding any provision of law to the contrary, the
  2 18 unit may serve a petition, notice, or rule to show cause under
  2 19 chapter 252A, 252C, 252F, 252H, 252K, 598, or 665 as specified
  2 20 in each chapter, or as follows:
  2 21    1.  The unit may serve a petition, notice, or rule to show
  2 22 cause by certified mail.  Return acknowledgment is required to
  2 23 prove service by certified mail, rules of civil procedure
  2 24 1.303(5) and 1.308(5) shall not apply, and the return
  2 25 acknowledgment shall be filed with the clerk of court.
  2 26    2.  The unit may serve a notice of intent under chapter
  2 27 252H, or a notice of decision under section 252H.14A, upon any
  2 28 party or parent who is receiving family investment program
  2 29 assistance for the parent or child by sending the notice by
  2 30 regular mail to the address maintained by the department.
  2 31 Rules of civil procedure 1.303(5) and 1.308(5) shall not apply
  2 32 and the unit shall file proof of service as provided in
  2 33 chapter 252H.  If the notice is determined to be
  2 34 undeliverable, the unit shall serve the notice as otherwise
  2 35 provided in this section or by personal service.
  3  1    Sec. 7.  Section 252H.7, subsection 2, unnumbered paragraph
  3  2 1, Code 2007, is amended to read as follows:
  3  3    A parent may waive the postreview waiting period provided
  3  4 for in section 252H.8, subsection 1A or 6, for a court hearing
  3  5 or in section 252H.17 for requesting of a second review.
  3  6    Sec. 8.  Section 252H.8, subsection 1, Code 2007, is
  3  7 amended to read as follows:
  3  8    1.  For actions initiated under subchapter II section
  3  9 252H.15, either parent or the unit may request a court hearing
  3 10 within thirty days from the date of issuance of the notice of
  3 11 decision under section 252H.16, or within ten days of the date
  3 12 of issuance of the second notice of decision under section
  3 13 252H.17, whichever is later.
  3 14    Sec. 9.  Section 252H.8, Code 2007, is amended by adding
  3 15 the following new subsection:
  3 16    NEW SUBSECTION.  1A.  For actions initiated under section
  3 17 252H.14A, either parent or the unit may request a court
  3 18 hearing within ten days of the issuance of the second notice
  3 19 of decision under section 252H.17.
  3 20    Sec. 10.  Section 252H.8, subsection 4, paragraph b, Code
  3 21 2007, is amended to read as follows:
  3 22    b.  The return of service, proof of service, acceptance of
  3 23 service, or signed statement by the parent requesting review
  3 24 and adjustment or requesting modification, waiving service of
  3 25 the notice.
  3 26    Sec. 11.  Section 252H.8, subsection 6, Code 2007, is
  3 27 amended to read as follows:
  3 28    6.  For actions initiated under subchapter II section
  3 29 252H.15, a hearing shall not be held for at least thirty=one
  3 30 days following the date of issuance of the notice of decision
  3 31 unless the parents have jointly waived, in writing, the
  3 32 thirty=day postreview period.
  3 33    Sec. 12.  Section 252H.9, subsection 1, Code 2007, is
  3 34 amended to read as follows:
  3 35    1.  If timely request for a court hearing is not made
  4  1 pursuant to section 252H.8, the unit shall prepare and present
  4  2 an administrative order for adjustment or modification, as
  4  3 applicable, for review and approval, ex parte, to the district
  4  4 court where the order to be adjusted or modified is filed.
  4  5 Notwithstanding any other law to the contrary, if more than
  4  6 one support order exists involving children with the same
  4  7 legally established parents, for the purposes of this
  4  8 subsection, the district court reviewing and approving the
  4  9 matter shall have jurisdiction over all other support orders
  4 10 entered by a court of this state and affected under this
  4 11 subsection.
  4 12    Sec. 13.  Section 252H.10, unnumbered paragraph 1, Code
  4 13 2007, is amended to read as follows:
  4 14    Pursuant to section 598.21C, any administrative or court
  4 15 order resulting from an action initiated under this chapter
  4 16 may be made retroactive only to from three months after the
  4 17 date that all parties were successfully served the notice
  4 18 required under section 252H.14A, 252H.15, or section 252H.19,
  4 19 as applicable.
  4 20    Sec. 14.  Section 252H.11, subsection 2, Code 2007, is
  4 21 amended to read as follows:
  4 22    2.  If the modification action filed by the parent is
  4 23 subsequently dismissed before being heard by the court, the
  4 24 unit shall continue the action previously initiated under
  4 25 subchapter II or III, or initiate a new action as follows:
  4 26    a.  If the unit previously initiated an action under
  4 27 subchapter II, and had not issued a notice of decision as
  4 28 required under section 252H.14A or 252H.16, the unit shall
  4 29 proceed as follows:
  4 30    (1)  If notice of intent to review was served ninety days
  4 31 or less prior to the date the modification action filed by the
  4 32 parent is dismissed, the unit shall complete the review and
  4 33 issue the notice of decision.
  4 34    (2)  If the modification action filed by the parent is
  4 35 dismissed more than ninety days after the original notice of
  5  1 intent to review was served, the unit shall serve or issue a
  5  2 new notice of intent to review and conduct the review.
  5  3    (3)  If the unit initiated a review under section 252H.14A,
  5  4 the unit may issue the notice of decision.
  5  5    b.  If the unit previously initiated an action under
  5  6 subchapter II and had issued the notice of decision as
  5  7 required under section 252H.14A or 252H.16, the unit shall
  5  8 proceed as follows:
  5  9    (1)  If the notice of decision was issued ninety days or
  5 10 less prior to the date the modification action filed by the
  5 11 parent is dismissed, the unit shall request, obtain, and
  5 12 verify any new or different information concerning the
  5 13 financial circumstances of the parents and issue a revised
  5 14 notice of decision to each parent, or if applicable, to the
  5 15 parent's attorney.
  5 16    (2)  If the modification action filed by the parent is
  5 17 dismissed more than ninety days after the date of issuance of
  5 18 the notice of decision, the unit shall serve or issue a new
  5 19 notice of intent to review pursuant to section 252H.15 and
  5 20 conduct a review pursuant to section 252H.16, or conduct a
  5 21 review and serve a new notice of decision under section
  5 22 252H.14A.
  5 23    c.  If the unit previously initiated an action under
  5 24 subchapter III, the unit shall proceed as follows:
  5 25    (1)  If the modification action filed by the parent is
  5 26 dismissed more than ninety days after the original notice of
  5 27 intent to modify was served, the unit shall serve a new notice
  5 28 of intent to modify pursuant to section 252H.19.
  5 29    (2)  If the modification action filed by the parent is
  5 30 dismissed ninety days or less after the original notice of
  5 31 intent to modify was served, the unit shall complete the
  5 32 original modification action initiated by the unit under this
  5 33 subchapter.
  5 34    (3)  Each parent shall be allowed at least twenty days from
  5 35 the date the administrative modification action is reinstated
  6  1 to request a court hearing as provided for in section 252H.8.
  6  2    Sec. 15.  NEW SECTION.  252H.14A  REVIEWS INITIATED BY THE
  6  3 CHILD SUPPORT RECOVERY UNIT == ABBREVIATED METHOD.
  6  4    1.  Notwithstanding section 252H.15, to assist the unit in
  6  5 meeting the requirement for reviews and adjustments under the
  6  6 federal Deficit Reduction Act of 2005, Pub. L. No. 109=171,
  6  7 the unit may use procedures under this section to review a
  6  8 support order if all the following apply:
  6  9    a.  The right to ongoing child support is assigned to the
  6 10 state of Iowa due to the receipt of family investment program
  6 11 assistance, and a review of the support order is required
  6 12 under section 7302 of the federal Deficit Reduction Act of
  6 13 2005, Pub. L. No. 109=171.
  6 14    b.  The unit has access to information concerning the
  6 15 financial circumstances of each parent and one of the
  6 16 following applies:
  6 17    (1)  The parent is a recipient of family investment program
  6 18 assistance, medical assistance, or food assistance from the
  6 19 department.
  6 20    (2)  The parent's income is from supplemental security
  6 21 income paid pursuant to 42 U.S.C. } 1381a.
  6 22    (3)  The parent is a recipient of disability benefits under
  6 23 the Act because of the parent's disability.
  6 24    (4)  The parent is an inmate of an institution under the
  6 25 control of the department of corrections.
  6 26    2.  If the conditions of subsection 1 are met, the unit may
  6 27 conduct a review and determine whether an adjustment is
  6 28 appropriate using information accessible by the unit without
  6 29 issuing a notice under section 252H.15 or requesting
  6 30 additional information from the parent.
  6 31    3.  Upon completion of the review, the unit shall issue a
  6 32 notice of decision to each parent, or if applicable, to each
  6 33 parent's attorney.  The notice shall be served in accordance
  6 34 with the rules of civil procedure or as provided in section
  6 35 252B.26.
  7  1    4.  All of the following shall be included in the notice of
  7  2 decision:
  7  3    a.  The legal basis and purpose of the action, including an
  7  4 explanation of the procedures for determining child support,
  7  5 the criteria for determining the appropriateness of an
  7  6 adjustment, and a statement that the unit used the child
  7  7 support guidelines established pursuant to section 598.21B and
  7  8 the provisions for medical support pursuant to chapter 252E.
  7  9    b.  Information sufficient to identify the affected parties
  7 10 and the support order or orders affected.
  7 11    c.  An explanation of the legal rights and responsibilities
  7 12 of the affected parties, including time frames in which the
  7 13 parties must act.
  7 14    d.  A statement indicating whether the unit finds that an
  7 15 adjustment is appropriate and the basis for the determination.
  7 16    e.  Procedures for contesting the action, including that if
  7 17 a parent requests a second review both parents will be
  7 18 requested to submit financial or income information as
  7 19 necessary for application of the child support guidelines
  7 20 established pursuant to section 598.21B.
  7 21    f.  Other information as appropriate.
  7 22    5.  Section 252H.16, subsection 5, regarding a revised
  7 23 notice of decision shall apply to a notice of decision issued
  7 24 under this section.
  7 25    6.  Each parent shall have the right to challenge the
  7 26 notice of decision issued under this section by requesting a
  7 27 second review by the unit as provided in section 252H.17.  If
  7 28 there is no new or different information to consider for the
  7 29 second review, the unit shall issue a second notice of
  7 30 decision based on prior information.  Each parent shall have
  7 31 the right to challenge the second notice of decision by
  7 32 requesting a court hearing as provided in section 252H.8.
  7 33    Sec. 16.  Section 252H.15, subsection 1, Code 2007, is
  7 34 amended to read as follows:
  7 35    1.  Prior Unless an action is initiated under section
  8  1 252H.14A, prior to conducting a review of a support order, the
  8  2 unit shall issue a notice of intent to review and adjust to
  8  3 each parent, or if applicable, to each parent's attorney.
  8  4 However, notice to a child support agency or an agency
  8  5 entitled to receive child or medical support payments as the
  8  6 result of an assignment of support rights is not required.
  8  7    Sec. 17.  Section 252H.16, subsection 1, Code 2007, is
  8  8 amended to read as follows:
  8  9    1.  The For actions initiated under section 252H.15, the
  8 10 unit shall conduct the review and determine whether an
  8 11 adjustment is appropriate.  As necessary, the unit shall make
  8 12 a determination of the controlling order or the amount of
  8 13 delinquent support due based upon the receipt of social
  8 14 security disability payments as provided in sections 598.22
  8 15 and 598.22C.
  8 16    Sec. 18.  Section 252H.17, subsections 1, 2, and 6, Code
  8 17 2007, are amended to read as follows:
  8 18    1.  Each parent shall have the right to challenge the
  8 19 notice of decision issued under section 252H.14A or 252H.16,
  8 20 by requesting a second review by the unit.
  8 21    2.  A challenge shall be submitted, in writing, to the
  8 22 local child support office that issued the notice of decision,
  8 23 within thirty days of service of the notice of decision under
  8 24 section 252H.14A or within ten days of the issuance of the
  8 25 notice of decision under section 252H.16.
  8 26    6.  The unit shall conduct a second review, utilizing any
  8 27 new or additional information provided or available since
  8 28 issuance of the notice of decision under section 252H.14A or
  8 29 under section 252H.16, to determine whether an adjustment is
  8 30 appropriate.
  8 31    Sec. 19.  RULES.  Until the department of human services
  8 32 amends rules pursuant to chapter 17A necessary to conform with
  8 33 this Act, any existing rule relating to review and adjustment
  8 34 of support orders shall also apply to reviews initiated under
  8 35 section 252H.14A, as created in this Act, except that a
  9  1 provision for a time limit, notice, or other procedure which
  9  2 conflicts with a provision of this Act shall not apply.
  9  3    Sec. 20.  EFFECTIVE DATE.  This division of this Act takes
  9  4 effect October 1, 2007.
  9  5                          DIVISION III
  9  6                         MEDICAL SUPPORT
  9  7    Sec. 21.  Section 252B.5, subsection 2, Code 2007, is
  9  8 amended to read as follows:
  9  9    2.  Aid in establishing paternity and securing a court or
  9 10 administrative order for support pursuant to chapter 252A,
  9 11 252C, 252F, or 600B, or any other chapter providing for the
  9 12 establishment of paternity or support.  In an action to
  9 13 establish support, the resident parent may be a proper party
  9 14 defendant as described in section 252H.3A for purposes of
  9 15 determining medical support as provided in section 252E.1A.
  9 16 The unit's independent cause of action shall not bar a party
  9 17 from seeking support in a subsequent proceeding.
  9 18    Sec. 22.  Section 252C.1, subsection 6, Code 2007, is
  9 19 amended to read as follows:
  9 20    6.  "Medical support" means either the provision of
  9 21 coverage under a health benefit plan, including a group or
  9 22 employment=related or an individual health benefit plan, or a
  9 23 health benefit plan provided pursuant to chapter 514E, to meet
  9 24 the medical needs of a dependent and the cost of any premium
  9 25 required by a health benefit plan, or the payment to the
  9 26 obligee of a monetary amount in lieu of providing coverage
  9 27 under a health benefit plan, either of which is an obligation
  9 28 separate from any monetary amount of child support ordered to
  9 29 be paid.  "Medical support" which consists of payment of a
  9 30 monetary amount in lieu of a health benefit plan is also an
  9 31 obligation separate from any monetary amount a parent is
  9 32 ordered to pay for uncovered medical expenses pursuant to the
  9 33 guidelines established pursuant to section 598.21B.
  9 34    Sec. 23.  Section 252C.3, subsection 1, unnumbered
  9 35 paragraph 1, Code 2007, is amended to read as follows:
 10  1    The administrator may issue a notice stating the intent to
 10  2 secure an order for either payment of medical support
 10  3 established as defined provided in chapter 252E or payment of
 10  4 an accrued or accruing support debt due and owed to the
 10  5 department or an individual under section 252C.2, or both.
 10  6 The notice shall be served upon the responsible person in
 10  7 accordance with the rules of civil procedure.  The notice
 10  8 shall include all of the following:
 10  9    Sec. 24.  Section 252C.3, subsection 1, paragraph c,
 10 10 subparagraph (1), Code 2007, is amended to read as follows:
 10 11    (1)  A statement that if the responsible person desires to
 10 12 discuss the amount of support that the a responsible person
 10 13 should be required to pay, the responsible person may, within
 10 14 ten days after being served, contact the office of the child
 10 15 support recovery unit which sent the notice and request a
 10 16 negotiation conference.
 10 17    Sec. 25.  Section 252C.12, subsection 2, Code 2007, is
 10 18 amended to read as follow:
 10 19    2.  Upon receipt of a signed statement from the each
 10 20 responsible person waiving the time limitations established in
 10 21 section 252C.3, the administrator may proceed to enter an
 10 22 order for support and the court may approve the order, whether
 10 23 or not the time limitations have expired.
 10 24    Sec. 26.  Section 252D.18A, Code 2007, is amended to read
 10 25 as follows:
 10 26    252D.18A  MULTIPLE INCOME WITHHOLDING ORDERS == ORDERS FOR
 10 27 HEALTH BENEFIT PLANS == AMOUNTS WITHHELD BY PAYOR.
 10 28    When the obligor is responsible for paying has more than
 10 29 one support obligation and or the payor of income has received
 10 30 more than one income withholding order or notice of an order
 10 31 for the obligor for income withholding or for coverage under a
 10 32 health benefit plan pursuant to chapter 252E, the payor shall
 10 33 withhold amounts in accordance with all of the following:
 10 34    1.  The total of all amounts withheld shall not exceed the
 10 35 amounts specified in 15 U.S.C. } 1673(b).  For orders or
 11  1 notices issued by the child support recovery unit, the limit
 11  2 for the amount to be withheld shall be specified in the order
 11  3 or notice.
 11  4    2.  As reimbursement for the payor's processing costs, the
 11  5 payor may deduct a fee of no more than two dollars for each
 11  6 payment withheld in addition to the amount withheld for
 11  7 support.
 11  8    3.  Priority shall be given to the withholding of current
 11  9 support rather than delinquent support.  The payor shall not
 11 10 allocate amounts withheld in a manner which results in the
 11 11 failure to withhold an amount for one or more of the current
 11 12 child or spousal support obligations.  If the limits specified
 11 13 in subsection 1 prevent withholding the full amount specified
 11 14 in the order or notice, the payor shall withhold amounts in
 11 15 the following priority:
 11 16    a.  Withhold the amount specified for current child and
 11 17 spousal support.  To arrive at the amount to be withheld for
 11 18 each obligee, the payor shall total the amounts due for
 11 19 current child and spousal support under the income withholding
 11 20 orders and the notices of orders and determine the
 11 21 proportionate share for each obligee.  The proportionate share
 11 22 shall be determined by dividing the amount due for current
 11 23 child and spousal support for each order or notice of order by
 11 24 the total due for current child and spousal support for all
 11 25 orders and notices of orders.  The results are the percentages
 11 26 of the obligor's net income which shall be withheld for each
 11 27 obligee.
 11 28    b.  If, after completing the calculation in paragraph "a",
 11 29 the withholding limit specified under subsection 1 has not
 11 30 been attained, the payor shall withhold the amount necessary
 11 31 to comply with an order or notice of order for a current
 11 32 premium for coverage of a child under a health benefit plan as
 11 33 provided in section 252D.30 or section 252E.1A, subsection 2,
 11 34 or for a current monetary amount for the child for medical
 11 35 support.  If there is more than one medical support order or
 12  1 notice of order for a current monetary amount for a child, the
 12  2 payor shall total the amounts due for current monetary amounts
 12  3 for all children for medical support and determine the
 12  4 proportionate share for each obligee.  The proportionate
 12  5 amounts shall be established utilizing the procedures
 12  6 established in paragraph "a" for current child and spousal
 12  7 support obligations.
 12  8    b.  c.  If, after completing the calculation calculations
 12  9 in paragraph paragraphs "a" and "b", the withholding limit
 12 10 specified under subsection 1 has not been attained, the payor
 12 11 shall total the amounts due for arrearages and determine the
 12 12 proportionate share for each obligee.  The proportionate share
 12 13 amounts shall be established utilizing the procedures
 12 14 established in paragraph "a" for current child and spousal
 12 15 support obligations.
 12 16    4.  The payor shall identify and report payments by the
 12 17 obligor's name, account number, amount, and date withheld
 12 18 pursuant to section 252D.17.  Until October 1, 1999, if
 12 19 payments for multiple obligees are combined, the portion of
 12 20 the payment attributable to each obligee shall be specifically
 12 21 identified.  Beginning October 1, 1999, if If payments for
 12 22 multiple obligees are combined, the portion of the payment
 12 23 attributable to each obligee shall be specifically identified
 12 24 only if the payor is directed to do so by the child support
 12 25 recovery unit.
 12 26    Sec. 27.  Section 252E.1, subsection 9, Code 2007, is
 12 27 amended to read as follows:
 12 28    9.  "Medical support" means either the provision of a
 12 29 health benefit plan, including a group or employment=related
 12 30 or an individual health benefit plan, or a health benefit plan
 12 31 provided pursuant to chapter 514E, to meet the medical needs
 12 32 of a dependent and the cost of any premium required by a
 12 33 health benefit plan, or the payment to the obligee of a
 12 34 monetary amount in lieu of a health benefit plan, either of
 12 35 which is an obligation separate from any monetary amount of
 13  1 child support ordered to be paid. Medical support is not
 13  2 alimony.  "Medical support" which consists of payment of a
 13  3 monetary amount in lieu of a health benefit plan is also an
 13  4 obligation separate from any monetary amount a parent is
 13  5 ordered to pay for uncovered medical expenses pursuant to the
 13  6 guidelines established pursuant to section 598.21B.
 13  7    Sec. 28.  NEW SECTION.  252E.1A  ESTABLISHING AND MODIFYING
 13  8 ORDERS FOR MEDICAL SUPPORT.
 13  9    This section shall apply to all initial or modified orders
 13 10 for support entered under chapter 234, 252A, 252C, 252F, 252H,
 13 11 598, 600B, or any other applicable chapter.
 13 12    1.  An order or judgment that provides for temporary or
 13 13 permanent support for a child shall include a provision for
 13 14 medical support for the child as provided in this section.
 13 15    2.  The court shall order as medical support for the child
 13 16 a health benefit plan if available to either parent at the
 13 17 time the order is entered or modified.  A plan is available if
 13 18 the plan is accessible and the cost of the plan is reasonable.
 13 19    a.  The cost of a health benefit plan is considered
 13 20 reasonable, and such amount shall be stated in the order, if
 13 21 one of the following applies:
 13 22    (1)  The premium cost for a child to the parent ordered to
 13 23 provide the plan does not exceed five percent of that parent's
 13 24 gross income.
 13 25    (2)  The premium cost for a child exceeds five percent of
 13 26 the gross income of the parent ordered to provide the plan and
 13 27 that parent consents or does not object to entry of that
 13 28 order.
 13 29    b.  For purposes of this section, "gross income" has the
 13 30 same meaning as gross income for calculation of support under
 13 31 the guidelines established under section 598.21B.
 13 32    c.  For purposes of this section, the premium cost for a
 13 33 child to the parent ordered to provide the plan means the
 13 34 amount of the premium cost for family coverage to the parent
 13 35 which is in excess of the premium cost for single coverage,
 14  1 regardless of the number of individuals covered under the
 14  2 plan.  However, this paragraph shall not be interpreted to
 14  3 reduce the amount of the health insurance premium deduction a
 14  4 parent may be entitled to when calculating the amount of a
 14  5 child support obligation under Iowa rule 9.5 of the child
 14  6 support guidelines.
 14  7    3.  If a health benefit plan is not available at the time
 14  8 of the entry of the order, the court shall order a reasonable
 14  9 monetary amount in lieu of a health benefit plan, which amount
 14 10 shall be stated in the order.  For purposes of this
 14 11 subsection, a reasonable amount means five percent of the
 14 12 gross income of the parent ordered to provide the monetary
 14 13 amount for medical support.  This subsection shall not apply
 14 14 in any of the following circumstances:
 14 15    a.  If the parent's monthly support obligation established
 14 16 pursuant to the child support guidelines prescribed by the
 14 17 supreme court pursuant to section 598.21B is the minimum
 14 18 obligation amount.
 14 19    b.  If subsection 7, paragraph "e" applies.
 14 20    4.  If the court orders the custodial parent to provide a
 14 21 health benefit plan under subsection 2, the court may also
 14 22 order the noncustodial parent to provide a reasonable monetary
 14 23 amount in lieu of a health benefit plan.  For purposes of this
 14 24 subsection, a reasonable monetary amount means an amount not
 14 25 to exceed the lesser of a reasonable amount as described in
 14 26 subsection 3, or the premium cost of coverage for the child to
 14 27 the custodial parent as described in subsection 2, paragraph
 14 28 "c".
 14 29    5.  Notwithstanding the requirements of this section, the
 14 30 court may order provisions in the alternative to those
 14 31 provided in this section to address the health care needs of
 14 32 the child if the court determines that extreme circumstances
 14 33 so require and documents the court's written findings in the
 14 34 order.
 14 35    6.  An order, decree, or judgment entered before March 1,
 15  1 2008, that provides for the support of a child may be modified
 15  2 in accordance with this section.
 15  3    7.  If the child support recovery unit is providing
 15  4 services under chapter 252B and initiating an action to
 15  5 establish or modify support, all the following shall also
 15  6 apply:
 15  7    a.  If a health benefit plan is available as described in
 15  8 subsection 2 to the noncustodial parent, the unit shall seek
 15  9 an order for the noncustodial parent to provide the plan.
 15 10    b.  If a health benefit plan is available as described in
 15 11 subsection 2 to the custodial parent and not to the
 15 12 noncustodial parent, the unit shall seek an order for the
 15 13 custodial parent to provide the plan.
 15 14    c.  If a health benefit plan is available as described in
 15 15 subsection 2 to each parent, and if there is an order for
 15 16 joint physical care, the unit shall seek an order for the
 15 17 parent currently ordered to provide a health benefit plan to
 15 18 provide the plan.  If there is no current order for a health
 15 19 benefit plan for the child, the unit shall seek an order for
 15 20 the parent who is currently providing a health benefit plan to
 15 21 provide the plan.
 15 22    d.  If a health benefit plan is not available, and the
 15 23 noncustodial parent does not have income which may be subject
 15 24 to income withholding for collection of a reasonable monetary
 15 25 amount in lieu of a health benefit plan at the time of the
 15 26 entry of the order, the unit shall seek an order that the
 15 27 noncustodial parent provide a health benefit plan when a plan
 15 28 becomes available at reasonable cost, and the order shall
 15 29 specify the amount of reasonable cost as defined in subsection
 15 30 2.
 15 31    e.  This section shall not apply to chapter 252H,
 15 32 subchapter IV.
 15 33    Sec. 29.  NEW SECTION.  252E.2A  SATISFACTION OF MEDICAL
 15 34 SUPPORT ORDER.
 15 35    This section shall apply if the child support recovery unit
 16  1 is providing services under chapter 252B.
 16  2    1.  Notwithstanding any law to the contrary and without a
 16  3 court order, a medical support order for a child shall be
 16  4 deemed satisfied with regard to the department, the child, the
 16  5 obligor, and the obligee for the period during which all the
 16  6 following conditions are met:
 16  7    a.  The order is issued under any applicable chapter of the
 16  8 Code.
 16  9    b.  The unit is notified that the conditions of paragraph
 16 10 "c" are met and there is a pending action to establish or
 16 11 modify support initiated by the unit, or the parent ordered to
 16 12 provide medical support submits a written statement to the
 16 13 unit that the requirements of paragraph "c" are met.
 16 14    c.  The parent ordered to provide medical support or the
 16 15 parent from whom the unit is seeking to establish or modify
 16 16 medical support meets at least one of the following
 16 17 conditions:
 16 18    (1)  The parent is an inmate of an institution under the
 16 19 control of the department of corrections or a comparable
 16 20 institution in another state.
 16 21    (2)  The parent's monthly child support obligation under
 16 22 the guidelines established pursuant to section 598.21B is the
 16 23 minimum obligation amount.
 16 24    (3)  The parent is a recipient of assistance under chapter
 16 25 239B or 249A, or under comparable laws of another state.
 16 26    (4)  The parent is residing with any child for whom the
 16 27 parent is legally responsible and that child is a recipient of
 16 28 assistance under chapter 239B, 249A, or 514I, or under
 16 29 comparable laws of another state.  For purposes of this
 16 30 subparagraph, "legally responsible" means the parent has a
 16 31 legal obligation to the child as specified in Iowa rule 9.7 of
 16 32 the child support guidelines.
 16 33    d.  The unit files a notice of satisfaction with the clerk
 16 34 of the district court.  The effective date of the satisfaction
 16 35 shall be stated in the notice and the effective date shall be
 17  1 no later than forty=five days after the unit issues the notice
 17  2 of satisfaction.
 17  3    2.  If a medical support order is satisfied under
 17  4 subsection 1, the satisfaction shall continue until all of the
 17  5 following apply:
 17  6    a.  The unit is notified that none of the conditions
 17  7 specified in subsection 1, paragraph "c", still applies.
 17  8    b.  The unit files a satisfaction termination notice that
 17  9 the requirements for a satisfaction under this section no
 17 10 longer apply.  The effective date shall be stated in the
 17 11 satisfaction termination notice and the effective date shall
 17 12 be no later than forty=five days after the unit issues the
 17 13 satisfaction termination notice.
 17 14    3.  The unit shall mail a copy of the notice of
 17 15 satisfaction and the satisfaction termination notice to the
 17 16 last known address of the obligor and obligee.
 17 17    4.  The department of human services may match data for
 17 18 enrollees of the hawk=i program created pursuant to chapter
 17 19 514I with data of the unit to assist the unit in implementing
 17 20 this section.
 17 21    5.  An order, decree, or judgment entered or pending on or
 17 22 before March 1, 2008, that provides for the support of a child
 17 23 may be satisfied as provided in this section.
 17 24    Sec. 30.  Section 252E.4, subsection 1, Code 2007, is
 17 25 amended to read as follows:
 17 26    1.  When a support order requires an obligor to provide
 17 27 coverage under a health benefit plan, the district court or
 17 28 the department may enter an ex parte order directing an
 17 29 employer to take all actions necessary to enroll an obligor's
 17 30 dependent for coverage under a health benefit plan or may
 17 31 include the provisions in an ex parte income withholding order
 17 32 or notice of income withholding pursuant to chapter 252D.  The
 17 33 child support recovery unit, where appropriate, shall issue a
 17 34 national medical support notice to an employer within two
 17 35 business days after the date information regarding a newly
 18  1 hired employee is entered into the centralized employee
 18  2 registry and matched with a noncustodial parent in the case
 18  3 being enforced by the unit, or upon receipt of other
 18  4 employment information for such parent.  The department may
 18  5 amend the information in the ex parte order or may amend or
 18  6 terminate the national medical support notice regarding health
 18  7 insurance provisions if necessary to comply with health
 18  8 insurance requirements including but not limited to the
 18  9 provisions of section 252E.2, subsection 2, or to correct a
 18 10 mistake of fact.
 18 11    Sec. 31.  Section 252E.5, subsection 3, Code 2007, is
 18 12 amended to read as follows:
 18 13    3.  The employer shall withhold from the employee's
 18 14 compensation, the employee's share, if any, of premiums for
 18 15 the health benefit plan in an amount that does not exceed the
 18 16 amount specified in the national medical support notice or
 18 17 other notice or the amount specified in 15 U.S.C. } 1673(b)
 18 18 and which is consistent with federal law.  The employer shall
 18 19 forward the amount withheld to the insurer.  If the employee
 18 20 has more than one obligation and if there is insufficient
 18 21 compensation available to meet the employee's share necessary
 18 22 for coverage of the child under a health benefit plan as
 18 23 required under this section or section 252D.30, and to comply
 18 24 with an order to withhold or notice under section 252D.17, the
 18 25 employer shall allocate the funds available in accordance with
 18 26 section 252D.18A.
 18 27    Sec. 32.  Section 252F.1, Code 2007, is amended by adding
 18 28 the following new subsection:
 18 29    NEW SUBSECTION.  3A.  "Party" means a putative father or a
 18 30 mother.
 18 31    Sec. 33.  Section 252F.3, subsection 1, unnumbered
 18 32 paragraph 1, Code 2007, is amended to read as follows:
 18 33    The unit may prepare a notice of alleged paternity and
 18 34 support debt to be served on the putative father a party if
 18 35 the mother of the child provides a written statement to the
 19  1 unit certifying in accordance with section 622.1 that the
 19  2 putative father is or may be the biological father of the
 19  3 child or children involved.  The notice shall be accompanied
 19  4 by a copy of the statement and served on the putative father
 19  5 party in accordance with rule of civil procedure 1.305.
 19  6 Service upon the mother shall not constitute valid service
 19  7 upon the putative father.  The notice shall include or be
 19  8 accompanied by all of the following:
 19  9    Sec. 34.  Section 252F.3, subsection 1, paragraphs d, f, g,
 19 10 h, j, k, and m, Code 2007, are amended to read as follows:
 19 11    d.  A statement that if paternity is established, the
 19 12 putative father a party has a duty to provide accrued and
 19 13 accruing medical support to the child or children in
 19 14 accordance with chapter 252E.
 19 15    f. (1)  The right of the putative father a party to request
 19 16 a conference with the unit to discuss paternity establishment
 19 17 and the amount of support that the putative father a party may
 19 18 be required to pay provide, within ten days of the date of
 19 19 service of the original notice or, if paternity is contested
 19 20 and paternity testing is conducted, within ten days of the
 19 21 date the paternity test results are issued or mailed to the
 19 22 putative father a party by the unit.
 19 23    (2)  A statement that if a conference is requested, the
 19 24 putative father a party shall have one of the following time
 19 25 frames, whichever is the latest, to send a written request for
 19 26 a court hearing on the issue of support to the unit:
 19 27    (a)  Ten days from the date set for the conference.
 19 28    (b)  Twenty days from the date of service of the original
 19 29 notice.
 19 30    (c)  If paternity was contested and paternity testing was
 19 31 conducted, and the putative father a party does not deny
 19 32 paternity after the testing or challenge the paternity test
 19 33 results, twenty days from the date paternity test results are
 19 34 issued or mailed by the unit to the putative father party.
 19 35    (3)  A statement that after the holding of the conference,
 20  1 the unit shall issue a new notice of alleged paternity and
 20  2 finding of financial responsibility for child support or
 20  3 medical support, or both, to be provided in person to the
 20  4 putative father each party or sent to the putative father each
 20  5 party by regular mail addressed to the putative father's
 20  6 party's last known address or, if applicable, to the last
 20  7 known address of the putative father's party's attorney.
 20  8    (4)  A statement that if the unit issues a new notice of
 20  9 alleged paternity and finding of financial responsibility for
 20 10 child support or medical support, or both, the putative father
 20 11 a party shall have one of the following time frames, whichever
 20 12 is the latest, to send a written request for a court hearing
 20 13 on the issue of support to the unit:
 20 14    (a)  Ten days from the date of issuance of the new notice.
 20 15    (b)  Twenty days from the date of service of the original
 20 16 notice.
 20 17    (c)  If paternity was contested and paternity testing
 20 18 conducted, and the putative father a party does not deny
 20 19 paternity after the testing or challenge the paternity test
 20 20 results, twenty days from the date the paternity test results
 20 21 are issued or mailed to the putative father party by the unit.
 20 22    g.  A statement that if a conference is not requested, and
 20 23 the putative father a party does not deny paternity or
 20 24 challenge the results of any paternity testing conducted but
 20 25 objects to the finding of financial responsibility or the
 20 26 amount of child support or medical support, or both, the
 20 27 putative father party shall send a written request for a court
 20 28 hearing on the issue of support to the unit within twenty days
 20 29 of the date of service of the original notice, or, if
 20 30 paternity was contested and paternity testing conducted, and
 20 31 the putative father a party does not deny paternity after the
 20 32 testing or challenge the paternity test results, within twenty
 20 33 days from the date the paternity test results are issued or
 20 34 mailed to the putative father party by the unit, whichever is
 20 35 later.
 21  1    h.  A statement that if a timely written request for a
 21  2 hearing on the issue of support is received by the unit, the
 21  3 putative father party shall have the right to a hearing to be
 21  4 held in district court and that if no timely written request
 21  5 is received and paternity is not contested, the administrator
 21  6 shall enter an order establishing the putative father as the
 21  7 father of the child or children and establishing child support
 21  8 or medical support, or both, in accordance with the notice of
 21  9 alleged paternity and support debt.
 21 10    j.  A written explanation of the putative father's a
 21 11 party's right to deny paternity, the procedures for denying
 21 12 paternity, and the consequences of the denial.
 21 13    k.  A statement that if the putative father a party
 21 14 contests paternity, the putative father party shall have
 21 15 twenty days from the date of service of the original notice to
 21 16 submit a written denial of paternity to the unit.
 21 17    m.  A statement that if paternity tests are conducted, the
 21 18 unit shall provide a copy of the test results to the putative
 21 19 father each party in person or send a copy to the putative
 21 20 father each party by regular mail, addressed to the putative
 21 21 father's party's last known address, or, if applicable, to the
 21 22 last known address of the putative father's party's attorney.
 21 23    Sec. 35.  Section 252F.3, subsection 3, unnumbered
 21 24 paragraph 1, Code 2007, is amended to read as follows:
 21 25    If notice is served on the putative father a party, the
 21 26 unit shall file a true copy of the notice and the original
 21 27 return of service with the appropriate clerk of the district
 21 28 court as follows:
 21 29    Sec. 36.  Section 252F.3, subsection 4, unnumbered
 21 30 paragraph 1, Code 2007, is amended to read as follows:
 21 31    A putative father party or the child support recovery unit
 21 32 may request a court hearing regarding establishment of
 21 33 paternity or a determination of support, or both.
 21 34    Sec. 37.  Section 252F.3, subsection 4, paragraph c, Code
 21 35 2007, is amended to read as follows:
 22  1    c.  Any objection to the results of paternity tests shall
 22  2 be filed no later than twenty days after the date paternity
 22  3 test results are issued or mailed to the putative father each
 22  4 party by the unit.  Any objection to paternity test results
 22  5 filed by a party more than twenty days after the date
 22  6 paternity tests are issued or mailed to the putative father
 22  7 party by the unit shall not be accepted or considered by the
 22  8 court.
 22  9    Sec. 38.  Section 252F.3, subsection 5, Code 2007, is
 22 10 amended to read as follows:
 22 11    5.  If a timely written response and request for a court
 22 12 hearing is not received by the unit and the putative father a
 22 13 party does not deny paternity, the administrator shall enter
 22 14 an order in accordance with section 252F.4.
 22 15    Sec. 39. Section 252F.3, subsection 6, paragraphs a, f, and
 22 16 m, Code 2007, are amended to read as follows:
 22 17    a.  If a party contests the establishment of paternity, the
 22 18 party shall submit, within twenty days of service of the
 22 19 notice on the putative father party under subsection 1, a
 22 20 written statement contesting paternity establishment to the
 22 21 unit.  Upon receipt of a written challenge of paternity
 22 22 establishment, or upon initiation by the unit, the
 22 23 administrator shall enter ex parte administrative orders
 22 24 requiring the mother, child or children involved, and the
 22 25 putative father to submit to paternity testing.  Either the
 22 26 mother or putative father may contest paternity under this
 22 27 chapter.
 22 28    f.  An original copy of the test results shall be filed
 22 29 with the clerk of the district court in the county where the
 22 30 notice was filed.  The child support recovery unit shall issue
 22 31 a copy of the filed test results to the putative father and
 22 32 mother of the child or children each party in person, or by
 22 33 regular mail to the last known address of each, or if
 22 34 applicable, to the last known address of the attorney for
 22 35 each.  However, if the action is the result of a request from
 23  1 a foreign jurisdiction, the unit shall issue a copy of the
 23  2 results to the initiating agency in that foreign jurisdiction.
 23  3    m.  If the paternity test results exclude the putative
 23  4 father as a potential biological father of the child or
 23  5 children, and additional tests are not requested by either
 23  6 party or conducted on the unit's initiative, or if additional
 23  7 tests exclude the putative father as a potential biological
 23  8 father, the unit shall withdraw its action against the
 23  9 putative father and shall file a notice of the withdrawal with
 23 10 the clerk of the district court, and shall provide a copy of
 23 11 the notice to the putative father each party in person, or by
 23 12 regular mail sent to the putative father's each party's last
 23 13 known address, or if applicable, the last known address of the
 23 14 putative father's party's attorney.
 23 15    Sec. 40.  Section 252F.4, Code 2007, is amended to read as
 23 16 follows:
 23 17    252F.4  ENTRY OF ORDER.
 23 18    1.  If the putative father fails both parties fail to
 23 19 respond to the initial notice within twenty days after the
 23 20 date of service of the notice or fails fail to appear at a
 23 21 conference pursuant to section 252F.3 on the scheduled date of
 23 22 the conference, and paternity has not been contested and the
 23 23 putative father fails both parties fail to timely request a
 23 24 court hearing on the issue of support, the administrator shall
 23 25 enter an order against the putative father parties, declaring
 23 26 the putative father to be the legal father of the child or
 23 27 children involved and assessing any accrued and accruing child
 23 28 support obligation pursuant to the guidelines established
 23 29 under section 598.21B, and medical support pursuant to chapter
 23 30 252E, against the father.
 23 31    2.  If paternity is contested pursuant to section 252F.3,
 23 32 subsection 6, and the party contesting paternity fails to
 23 33 appear for a paternity test and fails to request a
 23 34 rescheduling pursuant to section 252F.3, or fails to appear
 23 35 for both the initial and the rescheduled paternity tests and
 24  1 the putative father fails both parties fail to timely request
 24  2 a court hearing on the issue of support, the administrator
 24  3 shall enter an order against the putative father parties
 24  4 declaring the putative father to be the legal father of the
 24  5 child or children involved and assessing any accrued and
 24  6 accruing child support obligation pursuant to the guidelines
 24  7 established under section 598.21B, and medical support
 24  8 pursuant to chapter 252E, against the father.
 24  9    3.  If the putative father appears at a conference pursuant
 24 10 to section 252F.3 is held, and paternity is not contested, and
 24 11 the putative father fails both parties fail to timely request
 24 12 a court hearing on the issue of support, the administrator
 24 13 shall enter an order against the putative father parties after
 24 14 the second notice has been sent declaring the putative father
 24 15 to be the legal father of the child or children involved and
 24 16 assessing any accrued and accruing child support obligation
 24 17 pursuant to the guidelines established under section 598.21B,
 24 18 and medical support pursuant to chapter 252E, against the
 24 19 father.
 24 20    4.  If paternity was contested and paternity testing was
 24 21 performed and the putative father was not excluded, if the
 24 22 test results indicate that the probability of the putative
 24 23 father's paternity is ninety=five percent or greater, if the
 24 24 test results are not timely challenged, and if the putative
 24 25 father fails both parties fail to timely request a court
 24 26 hearing on the issue of support, the administrator shall enter
 24 27 an order against the putative father parties declaring the
 24 28 putative father to be the legal father of the child or
 24 29 children involved and assessing any accrued and accruing child
 24 30 support obligation pursuant to the guidelines established
 24 31 under section 598.21B, and medical support pursuant to chapter
 24 32 252E, against the father.
 24 33    5.  The administrator shall establish a support obligation
 24 34 under this section based upon the best information available
 24 35 to the unit and pursuant to section 252B.7A.
 25  1    6.  The order shall contain all of the following:
 25  2    a.  A declaration of paternity.
 25  3    b.  The amount of monthly support to be paid, with
 25  4 direction as to the manner of payment.
 25  5    c.  The amount of accrued support.
 25  6    d.  The name of the custodial parent or caretaker.
 25  7    e.  The name and birth date of the child or children to
 25  8 whom the order applies.
 25  9    f.  A statement that property of the father a party ordered
 25 10 to provide support is subject to income withholding, liens,
 25 11 garnishment, tax offset, and other collection actions.
 25 12    g.  The medical support required pursuant to chapter 598
 25 13 and chapter 252E.
 25 14    h.  A statement that the father a party who is ordered to
 25 15 provide support is required to inform the child support
 25 16 recovery unit, on a continuing basis, of the name and address
 25 17 of the father's party's current employer, whether the father
 25 18 party has access to health insurance coverage through
 25 19 employment or at reasonable cost through other sources as
 25 20 required in the order, and if so, the health insurance policy
 25 21 information.
 25 22    i.  If paternity was contested, the amount of any judgment
 25 23 assessed to the father contesting party for costs of paternity
 25 24 tests conducted pursuant to this chapter.
 25 25    j.  Statements as required pursuant to section 598.22B.
 25 26    7.  If paternity is not contested but the putative father a
 25 27 party does wish to challenge the issues of child or medical
 25 28 support, the administrator shall enter an order establishing
 25 29 paternity and reserving the issues of child or medical support
 25 30 for determination by the district court.
 25 31    Sec. 41.  Section 252F.5, subsection 2, Code 2007, is
 25 32 amended to read as follows:
 25 33    2.  An action under this chapter may be certified to the
 25 34 district court if a party timely contests paternity
 25 35 establishment or paternity test results, or if the putative
 26  1 father a party requests a court hearing on the issues of child
 26  2 or medical support, or both, or upon the initiation of the
 26  3 unit as provided in this chapter.  Review by the district
 26  4 court shall be an original hearing before the court.
 26  5    Sec. 42.  Section 252F.5, subsection 3, paragraph c, Code
 26  6 2007, is amended to read as follows:
 26  7    c.  A timely written objection to paternity establishment
 26  8 or paternity test results has been received from a party, or a
 26  9 timely written request for a court hearing on the issue of
 26 10 support has been received from the putative father a party by
 26 11 the unit, or the unit has requested a court hearing on the
 26 12 unit's own initiative.
 26 13    Sec. 43.  Section 252H.2, subsection 2, paragraph b, Code
 26 14 2007, is amended to read as follows:
 26 15    b.  An addition of or change to provisions for medical
 26 16 support as defined provided in section 252E.1 chapter 252E.
 26 17    Sec. 44.  Section 252H.2, subsection 13, Code 2007, is
 26 18 amended to read as follows:
 26 19    13.  "Support order" means a "court order" as defined in
 26 20 section 252C.1 or an order establishing support entered
 26 21 pursuant to an administrative or quasi=judicial process if
 26 22 authorized by law an order for support issued pursuant to
 26 23 chapter 232, 234, 252A, 252C, 252E, 252F, 252H, 598, 600B, or
 26 24 any other applicable chapter, or under a comparable statute of
 26 25 a foreign jurisdiction as registered with the clerk of court
 26 26 or certified to the child support recovery unit.
 26 27    Sec. 45.  NEW SECTION.  252H.3A  ADDING A PARTY.
 26 28    A mother or father may be added as a proper party defendant
 26 29 to a support order upon service of a notice as provided in
 26 30 this chapter and without a court order as provided in the
 26 31 rules of civil procedure.
 26 32    Sec. 46.  Section 252H.14, subsection 1, paragraph b, Code
 26 33 2007, is amended to read as follows:
 26 34    b.  The right to any ongoing medical support obligation is
 26 35 currently assigned to the state due to the receipt of public
 27  1 assistance unless:
 27  2    (1)  b.  The support order does not already includes
 27  3 include provisions requiring the parent ordered to pay child
 27  4 support to also provide for medical support.
 27  5    (2)  The parent entitled to receive support has
 27  6 satisfactory health insurance coverage for the children,
 27  7 excluding coverage resulting from the receipt of public
 27  8 assistance benefits.
 27  9    Sec. 47.  Section 252H.14, subsection 2, Code 2007, is
 27 10 amended to read as follows:
 27 11    2.  The unit may periodically initiate a request to a child
 27 12 support agency of another state to conduct a review of a
 27 13 support order entered in that state when the right to any
 27 14 ongoing child or medical support obligation due under the
 27 15 order is currently assigned to the state of Iowa or if the
 27 16 order does not include provisions for medical support.
 27 17    Sec. 48.  Section 598.21B, subsection 3, Code 2007, is
 27 18 amended to read as follows:
 27 19    3.  MEDICAL SUPPORT.  The court shall order as child
 27 20 medical support a health benefit plan as defined in chapter
 27 21 252E if available to either parent at a reasonable cost.  A
 27 22 health benefit plan is considered reasonable in cost if it is
 27 23 employment=related or other group health insurance, regardless
 27 24 of the service delivery mechanism as provided in section
 27 25 252E.1A.  The premium cost of the a health benefit plan may be
 27 26 considered by the court as a reason for varying from the child
 27 27 support guidelines.  If a health benefit plan is not available
 27 28 at a reasonable cost, the court may order any other provisions
 27 29 for medical support as defined in chapter 252E.
 27 30    Sec. 49.  Section 598.21C, subsection 2, paragraph a, Code
 27 31 2007, is amended to read as follows:
 27 32    a.  Subject to 28 U.S.C. } 1738B, but notwithstanding
 27 33 subsection 1, a substantial change of circumstances exists
 27 34 when the court order for child support varies by ten percent
 27 35 or more from the amount which would be due pursuant to the
 28  1 most current child support guidelines established pursuant to
 28  2 section 598.21B or the obligor a parent has access to a health
 28  3 benefit plan, available as provided in section 252E.1A and the
 28  4 current order for support does not contain provisions for
 28  5 medical support, and the dependents are not covered by a
 28  6 health benefit plan provided by the obligee, excluding
 28  7 coverage pursuant to chapter 249A or a comparable statute of a
 28  8 foreign jurisdiction.
 28  9    Sec. 50.  AMENDING AND NULLIFICATION OF ADMINISTRATIVE
 28 10 RULES.  Until the department of human services amends rules
 28 11 pursuant to chapter 17A necessary to conform with this Act,
 28 12 all of the following shall apply:
 28 13    1.  The child support recovery unit may initiate
 28 14 proceedings to establish or modify orders for medical support
 28 15 for a child in accordance with section 252E.1A as created in
 28 16 this Act, regardless of whether support is assigned to the
 28 17 state.
 28 18    2.  The term "child support account" in existing rules
 28 19 shall also mean a specified monetary amount for medical
 28 20 support, unless the context otherwise requires.
 28 21    3.  A reference to a health benefit plan at reasonable cost
 28 22 shall mean reasonable cost as defined in section 252E.1A, as
 28 23 created in this Act.
 28 24    4.  A requirement for including a provision for an
 28 25 employment=related or other group health benefit plan, or for
 28 26 determining medical support, shall be limited and applied in
 28 27 accordance with section 252E.1A, as created in this Act.
 28 28    Sec. 51.  EFFECTIVE DATE.  This division of this Act takes
 28 29 effect March 1, 2008.
 28 30                           DIVISION IV
 28 31                    SUPPORT PAYMENT INTEREST
 28 32    Sec. 52.  Section 252B.13A, Code 2007, is amended by adding
 28 33 the following new subsection:
 28 34    NEW SUBSECTION.  3.  Notwithstanding section 12C.7,
 28 35 subsection 2, interest earned on moneys received under this
 29  1 section shall be credited to the child support payments
 29  2 account.
 29  3    Sec. 53.  EFFECTIVE DATE == RETROACTIVE APPLICABILITY.
 29  4 This division of this Act, being deemed of immediate
 29  5 importance, takes effect upon enactment, and is retroactively
 29  6 applicable to July 1, 2006.
 29  7                           EXPLANATION
 29  8    This bill relates to child support provisions.
 29  9    Division I of the bill relates to child support sanctions.
 29 10 The federal Deficit Reduction Act of 2005 decreased the
 29 11 threshold for child support cases subject to United States
 29 12 passport sanctions due to nonpayment of child support.
 29 13 Previously, if a parent owed more than $5,000 in delinquent
 29 14 support, the parent was subject to the sanction.  Under the
 29 15 new federal requirement, if a parent owes more than $2,500 in
 29 16 delinquent support, the parent is subject to the sanction.
 29 17 The bill amends current law to comply with the new federal
 29 18 requirement.  This division of the bill takes effect October
 29 19 1, 2007.
 29 20    Division II of the bill relates to the requirement under
 29 21 the federal Deficit Reduction Act of 2005 for additional
 29 22 reviews and adjustments of court orders.  The bill provides an
 29 23 expedited procedure for the child support recovery unit to
 29 24 complete a portion of these additional reviews and
 29 25 adjustments.  The bill makes conforming changes to notice
 29 26 requirements to reference the new expedited procedure in
 29 27 addition to the existing review and adjustment procedure.  The
 29 28 bill provides that the child support recovery unit may use the
 29 29 expedited procedure if the right to ongoing child support is
 29 30 assigned to the state of Iowa due to the receipt of family
 29 31 investment program assistance; a review of the support order
 29 32 is required under the federal Deficit Reduction Act of 2005;
 29 33 and the child support recovery unit has access to information
 29 34 concerning the financial circumstances of each parent and one
 29 35 of the following applies:  (1) the parent is a recipient of
 30  1 family investment program assistance, medical assistance, or
 30  2 food assistance from the department of human services; (2) the
 30  3 parent's income is from supplemental security income; (3) the
 30  4 parent is a recipient of disability benefits under the Social
 30  5 Security Act because of the parent's disability; or (4) the
 30  6 parent is an inmate of an institution under the control of the
 30  7 department of corrections.  Once the expedited review is
 30  8 completed, the bill provides for the issuance of a notice of
 30  9 decision, a revised notice of decision, the right to challenge
 30 10 the initial notice of decision, and the right to challenge the
 30 11 second notice of decision by requesting a court hearing.
 30 12    The bill also provides for the application of existing
 30 13 rules until the department of human services is able to amend
 30 14 the rules to conform with the new procedure, except that a
 30 15 provision for a time limit, notice, or other procedure which
 30 16 is different from the provisions in the bill do not apply.
 30 17    This division of the bill takes effect October 1, 2007.
 30 18    Division III of the bill relates to medical support.  The
 30 19 bill makes changes to existing medical support provisions to
 30 20 include both the custodial parent and noncustodial parent in
 30 21 ordering medical support for the child at reasonable cost to
 30 22 the parent.  The bill specifies what reasonable cost is and
 30 23 provides that if a parent does not have access to reasonable
 30 24 cost health insurance, cash medical support may be provided in
 30 25 lieu of the coverage.  This division of the bill takes effect
 30 26 March 1, 2008.
 30 27    Division IV provides that interest earned on moneys
 30 28 received by the collection services center as support payments
 30 29 does not revert to the general fund but is to be credited to
 30 30 the child support payments account.  This division takes
 30 31 effect upon enactment and is retroactively applicable to July
 30 32 1, 2006.
 30 33 LSB 1241DP 82
 30 34 pf:nh/je/5.1