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. |