| 1 | The Conference Committee on HB 5129 offered the following: |
| 2 |
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| 3 | Conference Committee Amendment (with title amendment) |
| 4 | Remove everything after the enacting clause and insert: |
| 5 |
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| 6 | Section 1. Subsections (7) through (22) of section 61.046, |
| 7 | Florida Statutes, are renumbered as subsections (8) through |
| 8 | (23), respectively, and a new subsection (7) is added to that |
| 9 | section to read: |
| 10 | 61.046 Definitions.--As used in this chapter, the term: |
| 11 | (7) "Health insurance" means coverage under a fee-for- |
| 12 | service arrangement, health maintenance organization, or |
| 13 | preferred provider organization, and other types of coverage |
| 14 | available to either parent, under which medical services could |
| 15 | be provided to a dependent child. |
| 16 | Section 2. Paragraph (b) of subsection (1) of section |
| 17 | 61.13, Florida Statutes, is amended to read: |
| 18 | 61.13 Support of children; parenting and time-sharing; |
| 19 | powers of court.-- |
| 20 | (1) |
| 21 | (b) Each order for support shall contain a provision for |
| 22 | health insurance care coverage for the minor child when health |
| 23 | insurance the coverage is reasonable in cost and accessible to |
| 24 | the child reasonably available. Health insurance is presumed to |
| 25 | be reasonable in cost if the incremental cost of adding health |
| 26 | insurance for the child or children does not exceed 5 percent of |
| 27 | the gross income, as defined in s. 61.30, of the parent |
| 28 | responsible for providing health insurance. Health insurance is |
| 29 | accessible to the child if the health insurance is available to |
| 30 | be used in the county of the child's primary residence or in |
| 31 | another county if the parent who has the most time under the |
| 32 | time-sharing plan agrees. If the time-sharing plan provides for |
| 33 | equal time-sharing, health insurance is accessible to the child |
| 34 | if the health insurance is available to be used in either county |
| 35 | where the child resides or in another county if both parents |
| 36 | agree. Coverage is reasonably available if either the obligor or |
| 37 | obligee has access at a reasonable rate to a group health plan. |
| 38 | The court may require the obligor either to provide health |
| 39 | insurance care coverage or to reimburse the obligee for the cost |
| 40 | of health insurance care coverage for the minor child when |
| 41 | insurance coverage is provided by the obligee. The presumption |
| 42 | of reasonable cost may be rebutted by evidence of any of the |
| 43 | factors in s. 61.30(11)(a). The court may deviate from what is |
| 44 | presumed reasonable in cost only upon a written finding |
| 45 | explaining its determination why ordering or not ordering the |
| 46 | provision of health insurance or the reimbursement of the |
| 47 | obligee's cost for providing health insurance for the minor |
| 48 | child would be unjust or inappropriate. In any either event, the |
| 49 | court shall apportion the cost of health insurance coverage, and |
| 50 | any noncovered medical, dental, and prescription medication |
| 51 | expenses of the child, to both parties by adding the cost to the |
| 52 | basic obligation determined pursuant to s. 61.30(6). The court |
| 53 | may order that payment of noncovered uncovered medical, dental, |
| 54 | and prescription medication expenses of the minor child be made |
| 55 | directly to the obligee on a percentage basis. In a proceeding |
| 56 | for medical support only, each parent's share of the child's |
| 57 | health insurance and noncovered medical expenses shall equal the |
| 58 | parent's percentage share of the combined net income of the |
| 59 | parents. The percentage share shall be calculated by dividing |
| 60 | each parent's net monthly income by the combined monthly net |
| 61 | income of both parents. Net income is calculated as specified by |
| 62 | s. 61.30(3) and (4). |
| 63 | 1. In a non-Title IV-D case, a copy of the court order for |
| 64 | health insurance care coverage shall be served on the obligor's |
| 65 | union or employer by the obligee when the following conditions |
| 66 | are met: |
| 67 | a. The obligor fails to provide written proof to the |
| 68 | obligee within 30 days after receiving effective notice of the |
| 69 | court order that the health insurance care coverage has been |
| 70 | obtained or that application for health insurance coverage has |
| 71 | been made; |
| 72 | b. The obligee serves written notice of intent to enforce |
| 73 | an order for health insurance care coverage on the obligor by |
| 74 | mail at the obligor's last known address; and |
| 75 | c. The obligor fails within 15 days after the mailing of |
| 76 | the notice to provide written proof to the obligee that the |
| 77 | health insurance care coverage existed as of the date of |
| 78 | mailing. |
| 79 | 2.a. A support order enforced under Title IV-D of the |
| 80 | Social Security Act which requires that the obligor provide |
| 81 | health insurance care coverage is enforceable by the department |
| 82 | through the use of the national medical support notice, and an |
| 83 | amendment to the support order is not required. The department |
| 84 | shall transfer the national medical support notice to the |
| 85 | obligor's union or employer. The department shall notify the |
| 86 | obligor in writing that the notice has been sent to the |
| 87 | obligor's union or employer, and the written notification must |
| 88 | include the obligor's rights and duties under the national |
| 89 | medical support notice. The obligor may contest the withholding |
| 90 | required by the national medical support notice based on a |
| 91 | mistake of fact. To contest the withholding, the obligor must |
| 92 | file a written notice of contest with the department within 15 |
| 93 | business days after the date the obligor receives written |
| 94 | notification of the national medical support notice from the |
| 95 | department. Filing with the department is complete when the |
| 96 | notice is received by the person designated by the department in |
| 97 | the written notification. The notice of contest must be in the |
| 98 | form prescribed by the department. Upon the timely filing of a |
| 99 | notice of contest, the department shall, within 5 business days, |
| 100 | schedule an informal conference with the obligor to discuss the |
| 101 | obligor's factual dispute. If the informal conference resolves |
| 102 | the dispute to the obligor's satisfaction or if the obligor |
| 103 | fails to attend the informal conference, the notice of contest |
| 104 | is deemed withdrawn. If the informal conference does not resolve |
| 105 | the dispute, the obligor may request an administrative hearing |
| 106 | under chapter 120 within 5 business days after the termination |
| 107 | of the informal conference, in a form and manner prescribed by |
| 108 | the department. However, the filing of a notice of contest by |
| 109 | the obligor does not delay the withholding of premium payments |
| 110 | by the union, employer, or health plan administrator. The union, |
| 111 | employer, or health plan administrator must implement the |
| 112 | withholding as directed by the national medical support notice |
| 113 | unless notified by the department that the national medical |
| 114 | support notice is terminated. |
| 115 | b. In a Title IV-D case, the department shall notify an |
| 116 | obligor's union or employer if the obligation to provide health |
| 117 | insurance care coverage through that union or employer is |
| 118 | terminated. |
| 119 | 3. In a non-Title IV-D case, upon receipt of the order |
| 120 | pursuant to subparagraph 1., or upon application of the obligor |
| 121 | pursuant to the order, the union or employer shall enroll the |
| 122 | minor child as a beneficiary in the group health plan regardless |
| 123 | of any restrictions on the enrollment period and withhold any |
| 124 | required premium from the obligor's income. If more than one |
| 125 | plan is offered by the union or employer, the child shall be |
| 126 | enrolled in the group health plan in which the obligor is |
| 127 | enrolled. |
| 128 | 4.a. Upon receipt of the national medical support notice |
| 129 | under subparagraph 2. in a Title IV-D case, the union or |
| 130 | employer shall transfer the notice to the appropriate group |
| 131 | health plan administrator within 20 business days after the date |
| 132 | on the notice. The plan administrator must enroll the child as a |
| 133 | beneficiary in the group health plan regardless of any |
| 134 | restrictions on the enrollment period, and the union or employer |
| 135 | must withhold any required premium from the obligor's income |
| 136 | upon notification by the plan administrator that the child is |
| 137 | enrolled. The child shall be enrolled in the group health plan |
| 138 | in which the obligor is enrolled. If the group health plan in |
| 139 | which the obligor is enrolled is not available where the child |
| 140 | resides or if the obligor is not enrolled in group coverage, the |
| 141 | child shall be enrolled in the lowest cost group health plan |
| 142 | that is accessible to available where the child resides. |
| 143 | b. If health insurance care coverage or the obligor's |
| 144 | employment is terminated in a Title IV-D case, the union or |
| 145 | employer that is withholding premiums for health insurance care |
| 146 | coverage under a national medical support notice must notify the |
| 147 | department within 20 days after the termination and provide the |
| 148 | obligor's last known address and the name and address of the |
| 149 | obligor's new employer, if known. |
| 150 | 5.a. The amount withheld by a union or employer in |
| 151 | compliance with a support order may not exceed the amount |
| 152 | allowed under s. 303(b) of the Consumer Credit Protection Act, |
| 153 | 15 U.S.C. s. 1673(b), as amended. The union or employer shall |
| 154 | withhold the maximum allowed by the Consumer Credit Protection |
| 155 | Act in the following order: |
| 156 | (I) Current support, as ordered. |
| 157 | (II) Premium payments for health insurance care coverage, |
| 158 | as ordered. |
| 159 | (III) Past due support, as ordered. |
| 160 | (IV) Other medical support or insurance coverage, as |
| 161 | ordered. |
| 162 | b. If the combined amount to be withheld for current |
| 163 | support plus the premium payment for health insurance care |
| 164 | coverage exceed the amount allowed under the Consumer Credit |
| 165 | Protection Act, and the health insurance care coverage cannot be |
| 166 | obtained unless the full amount of the premium is paid, the |
| 167 | union or employer may not withhold the premium payment. However, |
| 168 | the union or employer shall withhold the maximum allowed in the |
| 169 | following order: |
| 170 | (I) Current support, as ordered. |
| 171 | (II) Past due support, as ordered. |
| 172 | (III) Other medical support or insurance coverage, as |
| 173 | ordered. |
| 174 | 6. An employer, union, or plan administrator who does not |
| 175 | comply with the requirements in sub-subparagraph 4.a. is subject |
| 176 | to a civil penalty not to exceed $250 for the first violation |
| 177 | and $500 for subsequent violations, plus attorney's fees and |
| 178 | costs. The department may file a petition in circuit court to |
| 179 | enforce the requirements of this subparagraph. |
| 180 | 7. The department may adopt rules to administer the child |
| 181 | support enforcement provisions of this section that affect Title |
| 182 | IV-D cases. |
| 183 | Section 3. Subsection (5) of section 61.1301, Florida |
| 184 | Statutes, is amended to read: |
| 185 | 61.1301 Income deduction orders.-- |
| 186 | (5) By July 1, 2006, the department shall provide a payor |
| 187 | with Internet access to income deduction and national medical |
| 188 | support notices issued by the department on or after July 1, |
| 189 | 2006, concerning an obligor to whom the payor pays income. The |
| 190 | department shall provide a payor who requests Internet access |
| 191 | with a user code and password to allow the payor to receive |
| 192 | notices electronically and to download the information necessary |
| 193 | to begin income deduction and health insurance care coverage |
| 194 | enrollment. If a participating payor does not respond to |
| 195 | electronic notice by accessing the data posted by the department |
| 196 | within 48 hours, the department shall mail the income deduction |
| 197 | or medical support notice to the payor. |
| 198 | Section 4. Subsections (5) through (14) of section |
| 199 | 409.2554, Florida Statutes, are renumbered as subsections (6) |
| 200 | through (15), respectively, and a new subsection (5) is added to |
| 201 | that section to read: |
| 202 | 409.2554 Definitions; ss. 409.2551-409.2598.--As used in |
| 203 | ss. 409.2551-409.2598, the term: |
| 204 | (5) "Health insurance" means coverage under a fee-for- |
| 205 | service arrangement, health maintenance organization, or |
| 206 | preferred provider organization, and other types of coverage |
| 207 | available to either parent, under which medical services could |
| 208 | be provided to a dependent child. |
| 209 | Section 5. Paragraphs (b), (c), and (e) of subsection (5) |
| 210 | of section 409.2561, Florida Statutes, are amended to read: |
| 211 | 409.2561 Support obligations when public assistance is |
| 212 | paid; assignment of rights; subrogation; medical and health |
| 213 | insurance information.-- |
| 214 | (5) With respect to cases for which there is an assignment |
| 215 | in effect: |
| 216 | (b) When the obligor receives health insurance is obtained |
| 217 | coverage for the dependent child, the IV-D agency shall provide |
| 218 | health insurance policy information, including any information |
| 219 | available about the health insurance policy which would permit a |
| 220 | claim to be filed or, in the case of a health maintenance or |
| 221 | preferred provider organization, service to be provided, to the |
| 222 | state Medicaid agency. |
| 223 | (c) The state Medicaid agency, upon receipt of the health |
| 224 | insurance coverage information from the IV-D agency, shall |
| 225 | notify the obligor's insuring entity that the Medicaid agency |
| 226 | must be notified within 30 days after the health insurance when |
| 227 | such coverage is discontinued. |
| 228 | (e) Upon the state Medicaid agency receiving notice from |
| 229 | the obligor's insuring entity that the health insurance coverage |
| 230 | is discontinued due to cancellation or other means, the Medicaid |
| 231 | agency shall notify the IV-D agency of such discontinuance and |
| 232 | the effective date. When appropriate, the IV-D agency shall then |
| 233 | take action to bring the obligor before the court for |
| 234 | enforcement. |
| 235 | Section 6. Paragraph (e) of subsection (7) of section |
| 236 | 409.2563, Florida Statutes, is amended to read: |
| 237 | 409.2563 Administrative establishment of child support |
| 238 | obligations.-- |
| 239 | (7) ADMINISTRATIVE SUPPORT ORDER.-- |
| 240 | (e) An administrative support order must comply with ss. |
| 241 | 61.13(1) and 61.30 s. 61.30. The department shall develop a |
| 242 | standard form or forms for administrative support orders. An |
| 243 | administrative support order must provide and state findings, if |
| 244 | applicable, concerning: |
| 245 | 1. The full name and date of birth of the child or |
| 246 | children; |
| 247 | 2. The name of the parent from whom support is being |
| 248 | sought and the other parent or caretaker relative; |
| 249 | 3. The parent's duty and ability to provide support; |
| 250 | 4. The amount of the parent's monthly support obligation; |
| 251 | 5. Any obligation to pay retroactive support; |
| 252 | 6. The parent's obligation to provide for the health care |
| 253 | needs of each child, whether through health insurance coverage, |
| 254 | contribution towards the cost of health insurance coverage, |
| 255 | payment or reimbursement of health care expenses for the child, |
| 256 | or any combination thereof; |
| 257 | 7. The beginning date of any required monthly payments and |
| 258 | health insurance care coverage; |
| 259 | 8. That all support payments ordered must be paid to the |
| 260 | Florida State Disbursement Unit as provided by s. 61.1824; |
| 261 | 9. That the parents, or caretaker relative if applicable, |
| 262 | must file with the department when the administrative support |
| 263 | order is rendered, if they have not already done so, and update |
| 264 | as appropriate the information required pursuant to paragraph |
| 265 | (13)(b); |
| 266 | 10. That both parents, or parent and caretaker relative if |
| 267 | applicable, are required to promptly notify the department of |
| 268 | any change in their mailing addresses pursuant to paragraph |
| 269 | (13)(c); and |
| 270 | 11. That if the parent ordered to pay support receives |
| 271 | unemployment compensation benefits, the payor shall withhold, |
| 272 | and transmit to the department, 40 percent of the benefits for |
| 273 | payment of support, not to exceed the amount owed. |
| 274 |
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| 275 | An income deduction order as provided by s. 61.1301 must be |
| 276 | incorporated into the administrative support order or, if not |
| 277 | incorporated into the administrative support order, the |
| 278 | department or the Division of Administrative Hearings shall |
| 279 | render a separate income deduction order. |
| 280 | Section 7. Subsection (5) of section 409.2572, Florida |
| 281 | Statutes, is amended to read: |
| 282 | 409.2572 Cooperation.-- |
| 283 | (5) As used in this section only, the term "applicant for |
| 284 | or recipient of public assistance for a dependent child" refers |
| 285 | to such applicants and recipients of public assistance as |
| 286 | defined in s. 409.2554(8) s. 409.2554(7), with the exception of |
| 287 | applicants for or recipients of Medicaid solely for the benefit |
| 288 | of a dependent child. |
| 289 | Section 8. Subsection (7) of section 409.2576, Florida |
| 290 | Statutes, is amended to read: |
| 291 | 409.2576 State Directory of New Hires.-- |
| 292 | (7) WAGE WITHHOLDING NOTICE AND NATIONAL MEDICAL SUPPORT |
| 293 | NOTICE.--The department shall transmit a wage withholding notice |
| 294 | consistent with s. 61.1301 and, when appropriate, a national |
| 295 | medical support notice, as defined in s. 61.046, to the |
| 296 | employee's employer within 2 business days after entry of the |
| 297 | new hire information into the State Directory of New Hires' |
| 298 | database, unless the court has determined that the employee's |
| 299 | wages are not subject to withholding or, for purposes of the |
| 300 | national medical support notice, the support order does not |
| 301 | contain a provision for the employee to provide health insurance |
| 302 | care coverage. The withholding notice shall direct the employer |
| 303 | to withhold income in accordance with the income deduction |
| 304 | order, and the national medical support notice shall direct the |
| 305 | employer to withhold premiums for health insurance care |
| 306 | coverage. |
| 307 | Section 9. This act shall take effect upon becoming a law. |
| 308 |
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| 309 |
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| 310 | ----------------------------------------------------- |
| 311 | T I T L E A M E N D M E N T |
| 312 | Remove the entire title and insert: |
| 313 | A bill to be entitled |
| 314 | An act relating to child support enforcement; amending s. |
| 315 | 61.046, F.S.; defining the term "health insurance" for |
| 316 | purposes of provisions establishing and providing for |
| 317 | enforcement of medical support obligations in child- |
| 318 | support-enforcement cases; amending s. 61.13, F.S.; |
| 319 | establishing standards for a presumption of reasonable |
| 320 | costs of and accessibility of health insurance; requiring |
| 321 | that the court make a written finding before deviating |
| 322 | from the presumed reasonable cost; providing method for |
| 323 | calculating a child's health insurance and noncovered |
| 324 | medical expenses under certain circumstances; amending s. |
| 325 | 61.1301, F.S.; conforming a provision to changes made by |
| 326 | the act; amending s. 409.2554, F.S.; defining the term |
| 327 | "health insurance" for purposes of provisions establishing |
| 328 | and providing for the enforcement of medical support |
| 329 | obligations in child-support-enforcement cases that |
| 330 | received services under the Social Security Act; amending |
| 331 | s. 409.2561, F.S.; conforming provisions to changes made |
| 332 | by the act; amending s. 409.2563, F.S.; conforming |
| 333 | provisions to changes made by the act; amending s. |
| 334 | 409.2572, F.S.; conforming a cross-reference to changes |
| 335 | made by the act; amending s. 409.2576, F.S.; conforming |
| 336 | provisions to changes made by the act; providing an |
| 337 | effective date. |