The Florida Senate

409.2561  Child support obligations when public assistance is paid; assignment of rights; subrogation; medical and health insurance information.--

(1)  Any payment of public assistance money made to, or for the benefit of, any dependent child creates an obligation in an amount equal to the amount of public assistance paid. In accordance with 42 U.S.C. s. 657, the state shall retain amounts collected only to the extent necessary to reimburse amounts paid to the family as assistance by the state. If there has been a prior court order or final judgment of dissolution of marriage establishing an obligation of support, the obligation is limited to the amount provided by such court order or decree. The obligor shall discharge the reimbursement obligation. If the obligor fails to discharge the reimbursement obligation, the department may apply for a contempt order to enforce reimbursement for support furnished. The extraordinary remedy of contempt is applicable in child support enforcement cases because of the public necessity for ensuring that dependent children be maintained from the resources of their parents, thereby relieving, at least in part, the burden presently borne by the general citizenry through the public assistance program. If there is no prior court order establishing an obligation of support, the court shall establish the liability of the obligor, if any, for reimbursement of public assistance moneys paid. Priority shall be given to establishing continuing reasonable support for the dependent child. The department may apply for modification of a court order on the same grounds as either party to the cause and shall have the right to settle and compromise actions brought pursuant to law.

(2)(a)  By accepting public assistance, the recipient assigns to the department any right, title, and interest to support the recipient may be owed:

1.  From any other person up to the amount of public assistance paid where no court order has been entered, or where there is a court order it is limited to the amount provided by such court order;

2.  On the recipient's own behalf or in behalf of another family member for whom the recipient is receiving assistance; and

3.  At the time that the assignment becomes effective by operation of law.

(b)  The recipient appoints the department as her or his attorney in fact to act in her or his name, place, and stead to perform specific acts relating to support, including, but not limited to:

1.  Endorsing any draft, check, money order, or other negotiable instrument representing support payments which are received on behalf of the dependent child as reimbursement for the public assistance moneys previously or currently paid;

2.  Compromising claims;

3.  Pursuing civil and criminal enforcement of support obligations; and

4.  Executing verified complaints for the purpose of instituting an action for the determination of paternity of a child born, or to be born, out of wedlock.

(3)  The department shall be subrogated to the right of the dependent child or person having the care, custody, and control of the child to prosecute or maintain any support action or action to determine paternity or execute any legal, equitable, or administrative remedy existing under the laws of the state to obtain reimbursement of public assistance paid, being paid, or to be paid.

(4)  No obligation of support under this section shall be incurred by any person who is the recipient of public assistance moneys for the benefit of a dependent child or who is incapacitated and financially unable to pay as determined by the department.

(5)  With respect to cases for which there is an assignment in effect pursuant to this section:

(a)  The IV-D agency shall obtain basic medical support information for Medicaid recipients and applicants for Medicaid and provide this information to the state Medicaid agency for third-party liability purposes.

(b)  When the obligor receives health insurance coverage for the dependent child, the IV-D agency shall provide health insurance policy information, including any information available about the health insurance policy which would permit a claim to be filed or, in the case of a health maintenance or preferred provider organization, service to be provided, to the state Medicaid agency.

(c)  The state Medicaid agency, upon receipt of the health coverage information from the IV-D agency, shall notify the obligor's insuring entity that the Medicaid agency must be notified within 30 days when such coverage is discontinued.

(d)  Entities providing health insurance as defined in s. 624.603 and health maintenance organizations and prepaid health clinics as defined in chapter 641 shall provide such records and information as is necessary to accomplish the purpose of this subsection, unless such requirement results in an unreasonable burden.

(e)  The executive director of the department and the commissioner of the Department of Insurance shall enter into a cooperative agreement for requesting and obtaining information necessary to effect the purpose and objectives of this subsection:

1.  The department shall only request that information necessary to determine whether health insurance as defined pursuant to s. 624.603 or those health services provided pursuant to chapter 641 is discontinued.

2.  All information obtained pursuant to subparagraph 1. is confidential and exempt from the provisions of s. 119.07(1).

3.  The cooperative agreement or rules promulgated hereunder may include financial arrangements to reimburse the reporting entities for reasonable costs or a portion thereof incurred in furnishing the requested information. Neither the cooperative agreement nor the rules shall require the automation of manual processes to provide the requested information.

4.  The department and the Department of Insurance jointly shall promulgate rules for the development and administration of the cooperative agreement. The rules shall include the following:

a.  A method for identifying those entities subject to furnishing information under the cooperative agreement;

b.  A method for furnishing requested information; and

c.  Procedures for requesting exemption from the cooperative agreement based on an unreasonable burden to the reporting entity.

(f)  Upon the state Medicaid agency receiving notice from the obligor's insuring entity that the coverage is discontinued due to cancellation or other means, the Medicaid agency shall notify the IV-D agency of such discontinuance and the effective date. When appropriate, the IV-D agency shall then take action to bring the obligor before the court for enforcement.

History.--s. 4, ch. 76-220; s. 1, ch. 77-174; s. 2, ch. 82-140; s. 2, ch. 85-178; s. 142, ch. 86-220; s. 16, ch. 87-95; s. 11, ch. 88-176; s. 7, ch. 89-183; s. 4, ch. 91-71; s. 6, ch. 94-124; s. 5, ch. 94-318; s. 254, ch. 96-406; s. 1020, ch. 97-103; s. 47, ch. 97-170; s. 23, ch. 98-397.