HB 5129

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

CODING: Words stricken are deletions; words underlined are additions.