House
Study
Bill
629
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
HUMAN
SERVICES
BILL)
A
BILL
FOR
An
Act
relating
to
the
provision
of
medical
support
in
child
1
support
actions,
and
including
effective
date
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5326XD
(7)
87
pf/rh
S.F.
_____
H.F.
_____
Section
1.
Section
252C.1,
subsection
6,
Code
2018,
is
1
amended
to
read
as
follows:
2
6.
“Medical
support”
means
either
the
provision
of
3
coverage
under
a
health
benefit
plan,
including
a
group
or
4
employment-related
or
an
individual
health
benefit
plan,
or
5
a
health
benefit
plan
provided
pursuant
to
chapter
514E
,
to
6
meet
the
medical
needs
of
a
dependent
and
the
cost
of
any
7
premium
required
by
a
health
benefit
plan,
or
the
payment
to
8
the
obligee
of
a
monetary
amount
in
lieu
of
providing
coverage
9
under
a
health
benefit
plan,
either
of
which
is
an
obligation
10
separate
from
any
monetary
amount
of
child
support
ordered
11
to
be
paid.
Medical
support
which
consists
of
payment
of
12
a
monetary
amount
in
lieu
of
a
health
benefit
plan
is
also
13
an
obligation
separate
from
any
monetary
amount
a
parent
is
14
ordered
to
pay
for
uncovered
medical
expenses
pursuant
to
the
15
guidelines
established
pursuant
to
section
598.21B
medical
16
support
as
defined
in
section
252E.1
.
17
Sec.
2.
Section
252E.1,
Code
2018,
is
amended
to
read
as
18
follows:
19
252E.1
Definitions.
20
As
used
in
this
chapter
,
unless
the
context
otherwise
21
requires:
22
1.
“Accessible”
means
any
of
the
following,
unless
otherwise
23
provided
in
the
support
order:
24
a.
The
health
benefit
plan
does
not
have
service
area
25
limitations
or
provides
an
option
not
subject
to
service
area
26
limitations.
27
b.
The
health
benefit
plan
has
service
area
limitations
and
28
the
dependent
lives
within
thirty
miles
or
thirty
minutes
of
a
29
network
primary
care
provider.
30
2.
“Basic
coverage”
means
health
care
coverage
provided
31
under
a
health
benefit
plan
that
at
a
minimum
provides
coverage
32
for
emergency
care,
inpatient
and
outpatient
hospital
care,
33
physician
services
whether
provided
within
or
outside
a
34
hospital
setting,
and
laboratory
and
x-ray
services.
35
-1-
LSB
5326XD
(7)
87
pf/rh
1/
13
S.F.
_____
H.F.
_____
3.
“Cash
medical
support”
means
a
monetary
amount
that
1
a
parent
is
ordered
to
pay
to
the
obligee
in
lieu
of
that
2
parent
providing
health
care
coverage,
which
amount
is
five
3
percent
of
the
gross
income
of
the
parent
ordered
to
pay
the
4
monetary
amount
or,
if
the
child
support
guidelines
established
5
pursuant
to
section
598.21B
specifically
provide
an
alternative
6
income-based
numeric
standard
for
determining
the
amount,
7
the
amount
determined
by
the
standard
specified
by
the
child
8
support
guidelines.
“Cash
medical
support”
is
an
obligation
9
separate
from
any
monetary
amount
a
parent
is
ordered
to
pay
10
for
uncovered
medical
expenses
pursuant
to
the
guidelines
11
established
pursuant
to
section
598.21B.
12
3.
4.
“Child”
means
a
person
for
whom
child
or
medical
13
support
may
be
ordered
pursuant
to
chapter
234
,
239B
,
252A
,
14
252C
,
252F
,
252H
,
252K
,
598
,
600B
,
or
any
other
chapter
of
the
15
Code
or
pursuant
to
a
comparable
statute
of
another
state
or
16
foreign
country.
17
4.
5.
“Department”
means
the
department
of
human
services,
18
which
includes
but
is
not
limited
to
the
child
support
recovery
19
unit,
or
any
comparable
support
enforcement
agency
of
another
20
state.
21
5.
6.
“Dependent”
means
a
child,
or
an
obligee
for
whom
a
22
court
may
order
health
care
coverage
by
a
health
benefit
plan
23
pursuant
to
section
252E.3
.
24
6.
7.
“Enroll”
means
to
be
eligible
for
and
covered
by
a
25
health
benefit
plan.
26
7.
8.
“Health
benefit
plan”
means
any
policy
or
contract
27
of
insurance,
indemnity,
subscription
or
membership
issued
by
28
an
insurer,
health
service
corporation,
health
maintenance
29
organization,
or
any
similar
corporation,
organization
any
30
public
coverage
,
or
a
any
self-insured
employee
benefit
plan,
31
for
the
purpose
of
covering
medical
expenses.
These
expenses
32
may
include
but
are
not
limited
to
hospital,
surgical,
major
33
medical
insurance,
dental,
optical,
prescription
drugs,
office
34
visits,
or
any
combination
of
these
or
any
other
comparable
35
-2-
LSB
5326XD
(7)
87
pf/rh
2/
13
S.F.
_____
H.F.
_____
health
care
expenses.
1
9.
“Health
care
coverage”
or
“coverage”
means
providing
and
2
paying
for
the
medical
needs
of
a
dependent
through
a
health
3
benefit
plan.
4
8.
10.
“Insurer”
means
any
entity
which
provides
a
health
5
benefit
plan
,
but
does
not
include
an
entity
that
provides
6
public
coverage
.
7
9.
11.
“Medical
support”
means
either
the
provision
of
a
8
health
benefit
plan,
including
a
group
or
employment-related
9
or
an
individual
health
benefit
plan,
or
a
health
benefit
plan
10
provided
pursuant
to
chapter
514E
,
to
meet
the
medical
needs
11
of
a
dependent
and
the
cost
of
any
premium
required
by
a
health
12
benefit
plan,
care
coverage
or
the
payment
to
the
obligee
of
13
a
monetary
amount
in
lieu
of
a
health
benefit
plan,
either
14
of
which
is
an
obligation
separate
from
any
monetary
amount
15
of
child
cash
medical
support
ordered
to
be
paid
.
Medical
16
support
“Medical
support”
is
not
alimony.
Medical
support
which
17
consists
of
payment
of
a
monetary
amount
in
lieu
of
a
health
18
benefit
plan
is
also
an
obligation
separate
from
any
monetary
19
amount
a
parent
is
ordered
to
pay
for
uncovered
medical
20
expenses
pursuant
to
the
guidelines
established
pursuant
to
21
section
598.21B
.
22
10.
12.
“National
medical
support
notice”
means
a
notice
23
as
prescribed
under
42
U.S.C.
§666(a)(19)
or
a
substantially
24
similar
notice,
that
is
issued
and
forwarded
by
the
department
25
in
accordance
with
section
252E.4
to
enforce
medical
support
26
the
health
care
coverage
provisions
of
a
support
order.
The
27
national
medical
support
notice
is
not
applicable
to
a
provider
28
of
public
coverage.
29
11.
13.
“Obligee”
means
a
parent
or
another
natural
person
30
legally
entitled
to
receive
a
support
payment
on
behalf
of
a
31
child.
32
12.
14.
“Obligor”
means
a
parent
or
another
natural
person
33
legally
responsible
for
the
support
of
a
dependent.
34
13.
15.
“Order”
means
a
support
order
entered
pursuant
to
35
-3-
LSB
5326XD
(7)
87
pf/rh
3/
13
S.F.
_____
H.F.
_____
chapter
234
,
252A
,
252C
,
252F
,
252H
,
252K
,
598
,
600B
,
or
any
1
other
support
chapter,
or
pursuant
to
a
comparable
statute
of
2
another
state
or
foreign
country,
or
an
ex
parte
order
entered
3
pursuant
to
section
252E.4
.
“Order”
also
includes
a
notice
of
4
such
an
order
issued
by
the
department.
5
14.
16.
“Plan
administrator”
means
the
employer
or
sponsor
6
that
offers
the
health
benefit
plan
or
the
person
to
whom
the
7
duty
of
plan
administrator
is
delegated
by
the
employer
or
8
sponsor
offering
the
health
benefit
plan,
by
written
agreement
9
of
the
parties.
“Plan
administrator”
does
not
include
a
10
provider
of
public
coverage.
11
15.
17.
“Primary
care
provider”
means
a
physician
who
12
provides
primary
care
who
is
a
family
or
general
practitioner,
13
a
pediatrician,
an
internist,
an
obstetrician,
or
a
14
gynecologist.
15
18.
“Public
coverage”
means
health
care
benefits
provided
by
16
any
form
of
federal
or
state
medical
assistance,
including
but
17
not
limited
to
benefits
provided
under
chapter
249A
or
514I,
18
or
under
comparable
laws
of
another
state,
foreign
country,
or
19
Indian
nation
or
tribe.
20
19.
“Unit”
or
“child
support
recovery
unit”
means
unit
as
21
defined
in
section
252B.1.
22
Sec.
3.
Section
252E.1A,
Code
2018,
is
amended
to
read
as
23
follows:
24
252E.1A
Establishing
and
modifying
orders
for
medical
25
support.
26
1.
This
section
shall
apply
to
all
initial
or
modified
27
orders
for
support
entered
under
chapter
234
,
252A
,
252C
,
252F
,
28
252H
,
598
,
600B
,
or
any
other
applicable
chapter.
If
an
action
29
to
establish
or
modify
an
order
for
support
is
initiated
by
the
30
child
support
recovery
unit,
section
252E.1B
shall
also
apply.
31
1.
2.
An
order
or
judgment
that
provides
for
temporary
or
32
permanent
support
for
a
child
shall
include
a
provision
for
33
medical
support
for
the
child
as
provided
in
this
section
.
34
2.
3.
The
court
shall
order
as
medical
support
for
the
35
-4-
LSB
5326XD
(7)
87
pf/rh
4/
13
S.F.
_____
H.F.
_____
child
health
care
coverage
if
a
health
benefit
plan
if
other
1
than
public
coverage
is
available
to
either
parent
at
the
time
2
the
order
is
entered
or
modified.
A
health
benefit
plan
is
3
available
if
the
plan
is
accessible
and
the
cost
of
the
plan
is
4
reasonable.
5
a.
The
cost
of
a
health
benefit
plan
is
considered
6
reasonable,
and
such
amount
shall
be
stated
in
the
order,
if
7
one
of
the
following
applies:
8
(1)
The
premium
cost
for
a
child
to
the
parent
ordered
9
to
provide
the
plan
coverage
does
not
exceed
five
percent
of
10
that
parent’s
gross
income
or
the
child
support
guidelines
11
established
pursuant
to
section
598.21B
specifically
provide
an
12
alternative
income-based
numeric
standard
for
determining
the
13
reasonable
cost
of
the
premium,
in
which
case
the
reasonable
14
cost
of
the
premium
as
determined
by
the
standard
specified
by
15
the
child
support
guidelines
shall
apply.
16
(2)
The
premium
cost
for
a
child
exceeds
the
amount
17
specified
in
subparagraph
(1)
and
that
parent
consents
or
does
18
not
object
to
entry
of
that
order.
19
b.
For
purposes
of
this
section
,
“gross
income”
has
the
same
20
meaning
as
gross
income
for
calculation
of
support
under
the
21
guidelines
established
under
section
598.21B
.
22
c.
For
purposes
of
this
section
,
“the
premium
cost
for
23
a
child
to
the
parent”
ordered
to
provide
the
plan
coverage
24
means
the
amount
of
the
premium
cost
for
family
coverage
to
25
the
parent
which
is
in
excess
of
the
premium
cost
for
single
26
coverage,
regardless
of
the
number
of
individuals
covered
under
27
the
plan.
However,
this
paragraph
shall
not
be
interpreted
to
28
reduce
the
amount
of
the
health
insurance
premium
deduction
29
a
parent
may
be
entitled
to
when
calculating
the
amount
of
a
30
child
support
obligation
under
Iowa
court
rule
9.5
of
the
child
31
support
guidelines.
32
d.
For
purposes
of
this
section,
“family
coverage”
means
33
coverage
that
covers
multiple
individuals
and
covers
or
could
34
cover
the
child
or
children
subject
to
the
child
support
order.
35
-5-
LSB
5326XD
(7)
87
pf/rh
5/
13
S.F.
_____
H.F.
_____
3.
4.
If
a
health
benefit
plan
other
than
public
coverage
1
is
not
available
to
either
parent
at
the
time
of
the
entry
2
of
the
order,
and
the
custodial
parent
does
not
have
public
3
coverage
for
the
child,
the
court
shall
order
a
reasonable
4
monetary
cash
medical
support
in
an
amount
in
lieu
of
a
health
5
benefit
plan,
which
amount
shall
be
stated
in
the
order.
For
6
purposes
of
this
subsection
,
a
reasonable
amount
means
five
7
percent
of
the
gross
income
of
the
parent
ordered
to
provide
8
the
monetary
amount
for
medical
support
or,
if
the
child
9
support
guidelines
established
pursuant
to
section
598.21B
10
specifically
provide
an
alternative
income-based
numeric
11
standard
for
determining
the
reasonable
amount,
a
reasonable
12
amount
means
the
amount
as
determined
by
the
standard
specified
13
by
the
child
support
guidelines.
This
subsection
shall
not
14
apply
in
any
of
the
following
circumstances:
15
a.
If
the
parent’s
monthly
support
obligation
established
16
pursuant
to
the
child
support
guidelines
prescribed
by
the
17
supreme
court
pursuant
to
section
598.21B
is
the
minimum
18
obligation
amount.
If
this
paragraph
applies,
the
court
shall
19
order
the
parent
to
provide
a
health
benefit
plan
care
coverage
20
when
a
plan
becomes
available
for
which
there
is
no
premium
21
cost
for
a
child
to
the
parent.
22
b.
If
subsection
7
,
paragraph
“d”
,
“e”
,
or
“f”
applies
the
23
noncustodial
parent
does
not
have
income
which
may
be
subject
24
to
income
withholding
for
collection
of
cash
medical
support
at
25
the
time
of
the
entry
of
the
order.
If
this
paragraph
applies,
26
the
court
shall
order
the
noncustodial
parent
to
provide
health
27
care
coverage
when
a
health
benefit
plan
becomes
available
at
28
a
reasonable
cost,
and
the
order
shall
specify
the
amount
of
29
the
reasonable
cost
as
specified
in
subsection
3,
paragraph
“a”
,
30
subparagraph
(1)
.
31
c.
If
the
noncustodial
parent
is
receiving
assistance
or
32
is
residing
with
any
child
receiving
assistance
as
provided
33
in
section
252E.2A,
subsection
1,
paragraph
“c”
,
subparagraph
34
(3)
or
(4).
If
this
paragraph
applies,
the
court
shall
order
35
-6-
LSB
5326XD
(7)
87
pf/rh
6/
13
S.F.
_____
H.F.
_____
the
noncustodial
parent
to
provide
health
care
coverage
when
1
a
health
benefit
plan
becomes
available
for
which
there
is
no
2
premium
cost
for
a
child
to
the
parent.
3
4.
5.
If
a
health
benefit
plan
other
than
public
coverage
4
is
not
available
to
either
parent
at
the
time
of
the
entry
of
5
the
order,
and
the
custodial
parent
has
public
coverage
for
the
6
child,
the
court
orders
shall
order
the
custodial
parent
to
7
provide
a
health
benefit
plan
under
subsection
2
care
coverage
,
8
and
the
court
may
also
shall
order
the
noncustodial
parent
to
9
provide
a
reasonable
monetary
pay
cash
medical
support,
which
10
amount
in
lieu
of
a
health
benefit
plan
shall
be
stated
in
the
11
order,
unless
an
exception
under
subsection
4
applies
.
For
12
purposes
of
this
subsection
,
a
reasonable
monetary
amount
means
13
an
amount
not
to
exceed
the
lesser
of
a
reasonable
amount
as
14
described
in
subsection
3
,
or
the
premium
cost
of
coverage
for
15
the
child
to
the
custodial
parent
as
described
in
subsection
16
2
,
paragraph
“c”
.
17
5.
6.
Notwithstanding
the
requirements
of
this
section
,
the
18
court
may
order
provisions
in
the
alternative
to
those
provided
19
in
this
section
to
address
the
health
care
needs
of
the
child
20
if
the
court
determines
that
extreme
circumstances
so
require
21
and
documents
the
court’s
written
findings
in
the
order.
22
6.
7.
An
order,
decree,
or
judgment
entered
before
July
1,
23
2009
October
1,
2018
,
that
provides
for
the
support
of
a
child
24
may
be
modified
in
accordance
with
this
section
.
25
7.
If
the
child
support
recovery
unit
is
providing
services
26
under
chapter
252B
and
initiating
an
action
to
establish
or
27
modify
support,
all
of
the
following
shall
also
apply:
28
a.
If
a
health
benefit
plan
is
available
as
described
in
29
subsection
2
to
the
noncustodial
parent,
the
unit
shall
seek
an
30
order
for
the
noncustodial
parent
to
provide
the
plan.
31
b.
If
a
health
benefit
plan
is
available
as
described
32
in
subsection
2
to
the
custodial
parent
and
not
to
the
33
noncustodial
parent,
the
unit
shall
seek
an
order
for
the
34
custodial
parent
to
provide
the
plan.
35
-7-
LSB
5326XD
(7)
87
pf/rh
7/
13
S.F.
_____
H.F.
_____
c.
If
a
health
benefit
plan
is
available
as
described
in
1
subsection
2
to
each
parent,
and
if
there
is
an
order
for
joint
2
physical
care,
the
unit
shall
seek
an
order
for
the
parent
3
currently
ordered
to
provide
a
health
benefit
plan
to
provide
4
the
plan.
If
there
is
no
current
order
for
a
health
benefit
5
plan
for
the
child,
the
unit
shall
seek
an
order
for
the
parent
6
who
is
currently
providing
a
health
benefit
plan
to
provide
the
7
plan.
8
d.
If
a
health
benefit
plan
is
not
available,
and
the
9
noncustodial
parent
does
not
have
income
which
may
be
subject
10
to
income
withholding
for
collection
of
a
reasonable
monetary
11
amount
in
lieu
of
a
health
benefit
plan
at
the
time
of
the
12
entry
of
the
order,
the
unit
shall
seek
an
order
that
the
13
noncustodial
parent
provide
a
health
benefit
plan
when
a
plan
14
becomes
available
at
reasonable
cost,
and
the
order
shall
15
specify
the
amount
of
reasonable
cost
as
defined
in
subsection
16
2
.
17
e.
If
a
health
benefit
plan
is
not
available,
and
the
18
noncustodial
parent
is
receiving
assistance
or
is
residing
with
19
any
child
receiving
assistance
as
provided
in
section
252E.2A,
20
subsection
1
,
paragraph
“c”
,
subparagraph
(3)
or
(4),
the
unit
21
shall
seek
an
order
that
the
noncustodial
parent
shall
provide
22
a
health
benefit
plan
when
a
plan
becomes
available
for
which
23
there
is
no
premium
cost
for
a
child
to
the
parent.
24
f.
This
section
shall
not
apply
to
chapter
252H,
subchapter
25
IV
.
26
Sec.
4.
NEW
SECTION
.
252E.1B
Establishing
and
modifying
27
orders
for
medical
support
——
actions
initiated
by
child
support
28
recovery
unit.
29
1.
If
the
child
support
recovery
unit
is
initiating
an
30
action
to
establish
or
modify
support,
this
section
shall
apply
31
in
addition
to
the
provisions
of
section
252E.1A.
32
2.
The
unit
shall
apply
the
following
order
of
priority
when
33
the
unit
enters
or
seeks
an
order
for
medical
support:
34
a.
If
the
custodial
parent
is
currently
providing
coverage
35
-8-
LSB
5326XD
(7)
87
pf/rh
8/
13
S.F.
_____
H.F.
_____
for
the
child
under
a
health
benefit
plan
other
than
public
1
coverage,
and
the
plan
is
available
as
described
in
section
2
252E.1A,
subsection
3,
the
unit
shall
enter
or
seek
an
order
3
for
the
custodial
parent
to
provide
coverage.
4
b.
If
the
noncustodial
parent
is
currently
providing
5
coverage
for
the
child
under
a
health
benefit
plan
other
than
6
public
coverage,
and
the
plan
is
available
as
described
in
7
section
252E.1A,
subsection
3,
the
unit
shall
enter
or
seek
an
8
order
for
the
noncustodial
parent
to
provide
coverage.
9
c.
If
a
health
benefit
plan
other
than
public
coverage
is
10
available
as
described
in
section
252E.1A,
subsection
3,
to
the
11
custodial
parent,
the
unit
shall
enter
or
seek
an
order
for
the
12
custodial
parent
to
provide
coverage.
13
d.
If
a
health
benefit
plan
other
than
public
coverage
is
14
available
as
described
in
section
252E.1A,
subsection
3,
to
the
15
noncustodial
parent,
the
unit
shall
enter
or
seek
an
order
for
16
the
noncustodial
parent
to
provide
coverage.
17
e.
If
a
health
benefit
plan
other
than
public
coverage
is
18
not
available
to
either
parent,
and
the
custodial
parent
has
19
public
coverage
for
the
child,
the
unit
shall
enter
or
seek
an
20
order
for
the
custodial
parent
to
provide
health
care
coverage
21
and
shall
enter
or
seek
an
order
for
the
noncustodial
parent
to
22
pay
cash
medical
support.
However,
if
any
of
the
circumstances
23
described
in
section
252E.1A,
subsection
4,
paragraph
“a”
,
24
“b”
,
or
“c”
is
met,
the
unit
shall
enter
or
seek
an
order
as
25
specified
by
the
applicable
paragraph.
26
3.
Notwithstanding
subsection
2,
if
there
is
an
order
for
27
joint
physical
care
for
the
child
and
the
parties
subject
to
28
the
support
order,
the
unit
shall
apply
the
following
order
of
29
priority
when
the
unit
enters
or
seeks
an
order
for
medical
30
support:
31
a.
If
only
one
parent
is
currently
providing
coverage
32
for
the
child
under
a
health
benefit
plan
other
than
public
33
coverage,
and
the
plan
is
available
as
described
in
section
34
252E.1A,
subsection
3,
the
unit
shall
enter
or
seek
an
order
35
-9-
LSB
5326XD
(7)
87
pf/rh
9/
13
S.F.
_____
H.F.
_____
for
that
parent
to
provide
coverage.
1
b.
If
both
parents
are
currently
providing
coverage
for
the
2
child
under
a
health
benefit
plan
other
than
public
coverage,
3
and
both
plans
are
available
as
described
in
section
252E.1A,
4
subsection
3,
the
unit
shall
enter
or
seek
an
order
for
both
5
parents
to
provide
coverage.
6
c.
If
neither
parent
is
currently
providing
coverage
7
for
the
child
under
a
health
benefit
plan
other
than
public
8
coverage,
and
a
health
benefit
plan
other
than
public
coverage
9
is
available
as
described
in
section
252E.1A,
subsection
3,
10
to
one
parent,
the
unit
shall
enter
or
seek
an
order
for
that
11
parent
to
provide
coverage.
12
d.
If
neither
parent
is
currently
providing
coverage
13
for
the
child
under
a
health
benefit
plan
other
than
public
14
coverage,
and
a
health
benefit
plan
other
than
public
coverage
15
is
available
as
described
in
section
252E.1A,
subsection
3,
to
16
both
parents,
the
unit
shall
enter
or
seek
an
order
for
both
17
parents
to
provide
coverage.
18
e.
If
a
health
benefit
plan
other
than
public
coverage
19
is
not
available
to
either
parent
and
one
parent
has
public
20
coverage
for
the
child,
the
unit
shall
enter
or
seek
an
order
21
for
that
parent
to
provide
health
care
coverage.
22
4.
The
child
support
recovery
unit
or
the
court
shall
not
23
order
any
modification
to
an
existing
medical
support
order
24
in
a
proceeding
conducted
solely
pursuant
to
chapter
252H,
25
subchapter
IV.
26
Sec.
5.
Section
252E.2,
subsection
1,
Code
2018,
is
amended
27
to
read
as
follows:
28
1.
An
order
requiring
the
provision
of
coverage
under
a
29
health
benefit
plan
other
than
public
coverage
is
authorization
30
for
enrollment
of
the
dependent
if
the
dependent
is
otherwise
31
eligible
to
be
enrolled.
The
dependent’s
eligibility
and
32
enrollment
for
coverage
under
such
a
plan
shall
be
governed
by
33
all
applicable
terms
and
conditions,
including,
but
not
limited
34
to,
eligibility
and
insurability
standards.
The
dependent,
if
35
-10-
LSB
5326XD
(7)
87
pf/rh
10/
13
S.F.
_____
H.F.
_____
eligible,
shall
be
provided
the
same
coverage
as
the
obligor.
1
Sec.
6.
Section
252E.3,
Code
2018,
is
amended
to
read
as
2
follows:
3
252E.3
Health
benefit
care
coverage
of
obligee.
4
For
cases
for
which
services
are
being
provided
pursuant
5
to
chapter
252B
,
the
order
may
require
an
obligor
providing
a
6
health
benefit
plan
care
coverage
for
a
child
to
also
provide
a
7
health
benefit
plan
care
coverage
for
the
benefit
of
an
obligee
8
if
the
obligee
is
eligible
for
enrollment
under
the
plan
in
9
which
the
child
or
the
obligor
is
enrolled,
and
if
the
plan
10
coverage
for
the
obligee
is
available
at
no
additional
cost.
11
Sec.
7.
Section
252E.4,
subsection
1,
Code
2018,
is
amended
12
to
read
as
follows:
13
1.
When
a
support
order
requires
an
obligor
to
provide
14
coverage
under
a
health
benefit
plan
other
than
public
15
coverage
,
the
district
court
or
the
department
may
enter
an
16
ex
parte
order
directing
an
employer
to
take
all
actions
17
necessary
to
enroll
an
obligor’s
dependent
for
coverage
under
18
a
health
benefit
plan
or
may
include
the
provisions
in
an
ex
19
parte
income
withholding
order
or
notice
of
income
withholding
20
pursuant
to
chapter
252D
.
The
child
support
recovery
unit,
21
where
appropriate,
shall
issue
a
national
medical
support
22
notice
to
an
employer
within
two
business
days
after
the
23
date
information
regarding
a
newly
hired
employee
is
entered
24
into
the
centralized
employee
registry
and
matched
with
a
25
noncustodial
parent
in
the
case
being
enforced
by
the
unit,
or
26
upon
receipt
of
other
employment
information
for
such
parent.
27
The
department
may
amend
the
information
in
the
ex
parte
order
28
or
may
amend
or
terminate
the
national
medical
support
notice
29
regarding
health
insurance
provisions
if
necessary
to
comply
30
with
health
insurance
requirements
including
but
not
limited
to
31
the
provisions
of
section
252E.2,
subsection
2
,
or
to
correct
32
a
mistake
of
fact.
33
Sec.
8.
Section
252E.16,
subsection
1,
Code
2018,
is
amended
34
to
read
as
follows:
35
-11-
LSB
5326XD
(7)
87
pf/rh
11/
13
S.F.
_____
H.F.
_____
1.
The
Unless
otherwise
specified,
the
provisions
of
this
1
chapter
take
effect
July
1,
1990,
for
all
support
orders
2
entered
pursuant
to
chapter
234
,
252A
,
252C
,
598
,
or
600B
.
3
Sec.
9.
ADMINISTRATIVE
RULES
——
TRANSITION.
Until
such
4
time
as
the
department
of
human
services
adopts
rules
pursuant
5
to
chapter
17A
necessary
to
administer
this
Act,
all
of
the
6
following
shall
apply:
7
1.
The
child
support
recovery
unit
may
initiate
proceedings
8
to
establish
and
modify
support
orders
in
accordance
with
9
chapter
252E,
as
amended
in
this
Act.
10
2.
The
child
support
recovery
unit
may,
to
the
extent
11
appropriate,
apply
and
utilize
procedures,
rules,
and
forms
12
substantially
similar
to
those
applicable
and
utilized
pursuant
13
to
section
252E.1B,
as
enacted
in
this
Act,
for
proceedings
14
initiated
in
accordance
with
section
252E.1A.
15
Sec.
10.
EFFECTIVE
DATE.
This
Act
takes
effect
October
1,
16
2018.
17
EXPLANATION
18
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
19
the
explanation’s
substance
by
the
members
of
the
general
assembly.
20
This
bill
amends
provisions
relating
to
medical
support
21
for
a
child,
based
on
the
final
rule
adopted
by
the
centers
22
for
Medicare
and
Medicaid
services
and
the
administration
23
for
children
and
families
of
the
United
States
department
of
24
health
and
human
services
on
December
20,
2016,
pursuant
to
25
Executive
Order
13563
of
January
18,
2011.
Under
45
C.F.R.
26
subtitle
B,
chapter
III,
section
303.31,
specifically,
states
27
are
provided
with
flexibility
to
permit
parents
to
meet
their
28
medical
support
obligations
by
providing
health
care
coverage
29
or
payment
for
medical
expenses
that
are
reasonable
in
cost
and
30
best
meet
the
health
care
needs
of
the
child,
and
clarifies
31
that
health
care
coverage
includes
public
and
private
coverage.
32
The
bill
provides
definitions
including
“cash
medical
33
support”,
“health
care
coverage”,
and
“public
coverage”,
and
34
includes
public
coverage
in
the
definition
of
a
“health
benefit
35
-12-
LSB
5326XD
(7)
87
pf/rh
12/
13
S.F.
_____
H.F.
_____
plan”.
1
The
bill
provides
for
the
provision
of
medical
support
2
either
by
providing
and
paying
for
the
medical
needs
of
a
3
dependent
through
a
health
benefit
plan,
including
public
4
coverage,
or
the
payment
of
cash
medical
support.
The
bill
5
provides
the
conditions
for
determining
whether
medical
support
6
is
to
be
provided
through
a
health
benefit
plan
other
than
7
public
coverage
or
through
public
coverage
and
whether
the
8
custodial
or
noncustodial
parent
is
required
to
provide
health
9
care
coverage.
10
The
bill
also
provides
the
process
and
order
of
priority
to
11
be
followed
when
the
child
support
recovery
unit
(CSRU)
enters
12
or
seeks
an
order
for
medical
support.
13
The
bill
directs
the
department
of
human
services
to
adopt
14
rules
pursuant
to
Code
chapter
17A
as
necessary
to
administer
15
the
bill,
but
provides
that
until
such
time
as
rules
are
16
adopted
the
CSRU
may
initiate
proceedings
to
establish
and
17
modify
support
orders
in
accordance
with
Code
chapter
252E,
18
as
amended
in
the
bill,
and
may,
to
the
extent
appropriate,
19
apply
and
utilize
procedures,
rules,
and
forms
substantially
20
similar
to
those
applicable
and
utilized
pursuant
to
Code
21
section
252E.1B
for
proceedings
initiated
in
accordance
with
22
Code
section
252E.1A,
as
enacted
in
the
bill.
23
The
bill
takes
effect
October
1,
2018.
24
-13-
LSB
5326XD
(7)
87
pf/rh
13/
13