HB 5129

1
A bill to be entitled
2An act relating to child support enforcement; amending s.
361.046, F.S.; defining the term "health insurance" for
4purposes of provisions establishing and providing for
5enforcement of medical support obligations in child-
6support-enforcement cases; amending s. 61.13, F.S.;
7establishing standards for a presumption of reasonable
8costs of and accessibility of health insurance; requiring
9that the court make a written finding before deviating
10from the presumed reasonable cost; providing method for
11calculating a child's health insurance and noncovered
12medical expenses under certain circumstances; amending s.
1361.1301, F.S.; conforming a provision to changes made by
14the act; amending s. 409.2554, F.S.; defining the term
15"health insurance" for purposes of provisions establishing
16and providing for the enforcement of medical support
17obligations in child-support-enforcement cases that
18received services under the Social Security Act; amending
19s. 409.2561, F.S.; conforming provisions to changes made
20by the act; amending s. 409.2563, F.S.; conforming
21provisions to changes made by the act; amending s.
22409.2572, F.S.; conforming a cross-reference to changes
23made by the act; amending s. 409.2576, F.S.; conforming
24provisions to changes made by the act; providing an
25effective date.
26
27Be It Enacted by the Legislature of the State of Florida:
28
29     Section 1.  Subsections (7) through (22) of section 61.046,
30Florida Statutes, are renumbered as subsections (8) through
31(23), respectively, and a new subsection (7) is added to that
32section to read:
33     61.046  Definitions.--As used in this chapter, the term:
34     (7)  "Health insurance" means coverage under a fee-for-
35service arrangement, health maintenance organization, or
36preferred provider organization, and other types of coverage
37available to either parent, under which medical services could
38be provided to a dependent child.
39     Section 2.  Paragraph (b) of subsection (1) of section
4061.13, Florida Statutes, is amended to read:
41     61.13  Support of children; parenting and time-sharing;
42powers of court.--
43     (1)
44     (b)  Each order for support shall contain a provision for
45health insurance care coverage for the minor child when health
46insurance the coverage is reasonable in cost and accessible to
47the child reasonably available. Health insurance is presumed to
48be reasonable in cost if the incremental cost of adding health
49insurance for the child or children does not exceed 5 percent of
50the gross income, as defined in s. 61.30, of the parent
51responsible for providing health insurance. Health insurance is
52accessible to the child if the health insurance is available to
53be used in the county of the child's primary residence or in
54another county if the parent who has the most time under the
55time-sharing plan agrees. If the time-sharing plan provides for
56equal time-sharing, health insurance is accessible to the child
57if the health insurance is available to be used in either county
58where the child resides or in another county if both parents
59agree. Coverage is reasonably available if either the obligor or
60obligee has access at a reasonable rate to a group health plan.
61The court may require the obligor either to provide health
62insurance care coverage or to reimburse the obligee for the cost
63of health insurance care coverage for the minor child when
64insurance coverage is provided by the obligee. The presumption
65of reasonable cost may be rebutted by evidence of any of the
66factors in s. 61.30(11)(a). The court may deviate from what is
67presumed reasonable in cost only upon a written finding
68explaining its determination why ordering or not ordering the
69provision of health insurance or the reimbursement of the
70obligee's cost for providing health insurance for the minor
71child would be unjust or inappropriate. In any either event, the
72court shall apportion the cost of health insurance coverage, and
73any noncovered medical, dental, and prescription medication
74expenses of the child, to both parties by adding the cost to the
75basic obligation determined pursuant to s. 61.30(6). The court
76may order that payment of noncovered uncovered medical, dental,
77and prescription medication expenses of the minor child be made
78directly to the obligee on a percentage basis. In a proceeding
79for medical support only, each parent's share of the child's
80health insurance and noncovered medical expenses shall equal the
81parent's percentage share of the combined net income of the
82parents. The percentage share shall be calculated by dividing
83each parent's net monthly income by the combined monthly net
84income of both parents. Net income is calculated as specified by
85s. 61.30(3) and (4).
86     1.  In a non-Title IV-D case, a copy of the court order for
87health insurance care coverage shall be served on the obligor's
88union or employer by the obligee when the following conditions
89are met:
90     a.  The obligor fails to provide written proof to the
91obligee within 30 days after receiving effective notice of the
92court order that the health insurance care coverage has been
93obtained or that application for health insurance coverage has
94been made;
95     b.  The obligee serves written notice of intent to enforce
96an order for health insurance care coverage on the obligor by
97mail at the obligor's last known address; and
98     c.  The obligor fails within 15 days after the mailing of
99the notice to provide written proof to the obligee that the
100health insurance care coverage existed as of the date of
101mailing.
102     2.a.  A support order enforced under Title IV-D of the
103Social Security Act which requires that the obligor provide
104health insurance care coverage is enforceable by the department
105through the use of the national medical support notice, and an
106amendment to the support order is not required. The department
107shall transfer the national medical support notice to the
108obligor's union or employer. The department shall notify the
109obligor in writing that the notice has been sent to the
110obligor's union or employer, and the written notification must
111include the obligor's rights and duties under the national
112medical support notice. The obligor may contest the withholding
113required by the national medical support notice based on a
114mistake of fact. To contest the withholding, the obligor must
115file a written notice of contest with the department within 15
116business days after the date the obligor receives written
117notification of the national medical support notice from the
118department. Filing with the department is complete when the
119notice is received by the person designated by the department in
120the written notification. The notice of contest must be in the
121form prescribed by the department. Upon the timely filing of a
122notice of contest, the department shall, within 5 business days,
123schedule an informal conference with the obligor to discuss the
124obligor's factual dispute. If the informal conference resolves
125the dispute to the obligor's satisfaction or if the obligor
126fails to attend the informal conference, the notice of contest
127is deemed withdrawn. If the informal conference does not resolve
128the dispute, the obligor may request an administrative hearing
129under chapter 120 within 5 business days after the termination
130of the informal conference, in a form and manner prescribed by
131the department. However, the filing of a notice of contest by
132the obligor does not delay the withholding of premium payments
133by the union, employer, or health plan administrator. The union,
134employer, or health plan administrator must implement the
135withholding as directed by the national medical support notice
136unless notified by the department that the national medical
137support notice is terminated.
138     b.  In a Title IV-D case, the department shall notify an
139obligor's union or employer if the obligation to provide health
140insurance care coverage through that union or employer is
141terminated.
142     3.  In a non-Title IV-D case, upon receipt of the order
143pursuant to subparagraph 1., or upon application of the obligor
144pursuant to the order, the union or employer shall enroll the
145minor child as a beneficiary in the group health plan regardless
146of any restrictions on the enrollment period and withhold any
147required premium from the obligor's income. If more than one
148plan is offered by the union or employer, the child shall be
149enrolled in the group health plan in which the obligor is
150enrolled.
151     4.a.  Upon receipt of the national medical support notice
152under subparagraph 2. in a Title IV-D case, the union or
153employer shall transfer the notice to the appropriate group
154health plan administrator within 20 business days after the date
155on the notice. The plan administrator must enroll the child as a
156beneficiary in the group health plan regardless of any
157restrictions on the enrollment period, and the union or employer
158must withhold any required premium from the obligor's income
159upon notification by the plan administrator that the child is
160enrolled. The child shall be enrolled in the group health plan
161in which the obligor is enrolled. If the group health plan in
162which the obligor is enrolled is not available where the child
163resides or if the obligor is not enrolled in group coverage, the
164child shall be enrolled in the lowest cost group health plan
165that is accessible to available where the child resides.
166     b.  If health insurance care coverage or the obligor's
167employment is terminated in a Title IV-D case, the union or
168employer that is withholding premiums for health insurance care
169coverage under a national medical support notice must notify the
170department within 20 days after the termination and provide the
171obligor's last known address and the name and address of the
172obligor's new employer, if known.
173     5.a.  The amount withheld by a union or employer in
174compliance with a support order may not exceed the amount
175allowed under s. 303(b) of the Consumer Credit Protection Act,
17615 U.S.C. s. 1673(b), as amended. The union or employer shall
177withhold the maximum allowed by the Consumer Credit Protection
178Act in the following order:
179     (I)  Current support, as ordered.
180     (II)  Premium payments for health insurance care coverage,
181as ordered.
182     (III)  Past due support, as ordered.
183     (IV)  Other medical support or insurance coverage, as
184ordered.
185     b.  If the combined amount to be withheld for current
186support plus the premium payment for health insurance care
187coverage exceed the amount allowed under the Consumer Credit
188Protection Act, and the health insurance care coverage cannot be
189obtained unless the full amount of the premium is paid, the
190union or employer may not withhold the premium payment. However,
191the union or employer shall withhold the maximum allowed in the
192following order:
193     (I)  Current support, as ordered.
194     (II)  Past due support, as ordered.
195     (III)  Other medical support or insurance coverage, as
196ordered.
197     6.  An employer, union, or plan administrator who does not
198comply with the requirements in sub-subparagraph 4.a. is subject
199to a civil penalty not to exceed $250 for the first violation
200and $500 for subsequent violations, plus attorney's fees and
201costs. The department may file a petition in circuit court to
202enforce the requirements of this subparagraph.
203     7.  The department may adopt rules to administer the child
204support enforcement provisions of this section that affect Title
205IV-D cases.
206     Section 3.  Subsection (5) of section 61.1301, Florida
207Statutes, is amended to read:
208     61.1301  Income deduction orders.--
209     (5)  By July 1, 2006, the department shall provide a payor
210with Internet access to income deduction and national medical
211support notices issued by the department on or after July 1,
2122006, concerning an obligor to whom the payor pays income. The
213department shall provide a payor who requests Internet access
214with a user code and password to allow the payor to receive
215notices electronically and to download the information necessary
216to begin income deduction and health insurance care coverage
217enrollment. If a participating payor does not respond to
218electronic notice by accessing the data posted by the department
219within 48 hours, the department shall mail the income deduction
220or medical support notice to the payor.
221     Section 4.  Subsections (5) through (14) of section
222409.2554, Florida Statutes, are renumbered as subsections (6)
223through (15), respectively, and a new subsection (5) is added to
224that section to read:
225     409.2554  Definitions; ss. 409.2551-409.2598.--As used in
226ss. 409.2551-409.2598, the term:
227     (5)  "Health insurance" means coverage under a fee-for-
228service arrangement, health maintenance organization, or
229preferred provider organization, and other types of coverage
230available to either parent, under which medical services could
231be provided to a dependent child.
232     Section 5.  Paragraphs (b), (c), and (e) of subsection (5)
233of section 409.2561, Florida Statutes, are amended to read:
234     409.2561  Support obligations when public assistance is
235paid; assignment of rights; subrogation; medical and health
236insurance information.--
237     (5)  With respect to cases for which there is an assignment
238in effect:
239     (b)  When the obligor receives health insurance is obtained
240coverage for the dependent child, the IV-D agency shall provide
241health insurance policy information, including any information
242available about the health insurance policy which would permit a
243claim to be filed or, in the case of a health maintenance or
244preferred provider organization, service to be provided, to the
245state Medicaid agency.
246     (c)  The state Medicaid agency, upon receipt of the health
247insurance coverage information from the IV-D agency, shall
248notify the obligor's insuring entity that the Medicaid agency
249must be notified within 30 days after the health insurance when
250such coverage is discontinued.
251     (e)  Upon the state Medicaid agency receiving notice from
252the obligor's insuring entity that the health insurance coverage
253is discontinued due to cancellation or other means, the Medicaid
254agency shall notify the IV-D agency of such discontinuance and
255the effective date. When appropriate, the IV-D agency shall then
256take action to bring the obligor before the court for
257enforcement.
258     Section 6.  Paragraph (e) of subsection (7) of section
259409.2563, Florida Statutes, is amended to read:
260     409.2563  Administrative establishment of child support
261obligations.--
262     (7)  ADMINISTRATIVE SUPPORT ORDER.--
263     (e)  An administrative support order must comply with ss.
26461.13(1) and 61.30 s. 61.30. The department shall develop a
265standard form or forms for administrative support orders. An
266administrative support order must provide and state findings, if
267applicable, concerning:
268     1.  The full name and date of birth of the child or
269children;
270     2.  The name of the parent from whom support is being
271sought 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
276needs of each child, whether through health insurance coverage,
277contribution towards the cost of health insurance coverage,
278payment or reimbursement of health care expenses for the child,
279or any combination thereof;
280     7.  The beginning date of any required monthly payments and
281health insurance care coverage;
282     8.  That all support payments ordered must be paid to the
283Florida State Disbursement Unit as provided by s. 61.1824;
284     9.  That the parents, or caretaker relative if applicable,
285must file with the department when the administrative support
286order is rendered, if they have not already done so, and update
287as appropriate the information required pursuant to paragraph
288(13)(b);
289     10.  That both parents, or parent and caretaker relative if
290applicable, are required to promptly notify the department of
291any change in their mailing addresses pursuant to paragraph
292(13)(c); and
293     11.  That if the parent ordered to pay support receives
294unemployment compensation benefits, the payor shall withhold,
295and transmit to the department, 40 percent of the benefits for
296payment of support, not to exceed the amount owed.
297
298An income deduction order as provided by s. 61.1301 must be
299incorporated into the administrative support order or, if not
300incorporated into the administrative support order, the
301department or the Division of Administrative Hearings shall
302render a separate income deduction order.
303     Section 7.  Subsection (5) of section 409.2572, Florida
304Statutes, is amended to read:
305     409.2572  Cooperation.--
306     (5)  As used in this section only, the term "applicant for
307or recipient of public assistance for a dependent child" refers
308to such applicants and recipients of public assistance as
309defined in s. 409.2554(8) s. 409.2554(7), with the exception of
310applicants for or recipients of Medicaid solely for the benefit
311of a dependent child.
312     Section 8.  Subsection (7) of section 409.2576, Florida
313Statutes, is amended to read:
314     409.2576  State Directory of New Hires.--
315     (7)  WAGE WITHHOLDING NOTICE AND NATIONAL MEDICAL SUPPORT
316NOTICE.--The department shall transmit a wage withholding notice
317consistent with s. 61.1301 and, when appropriate, a national
318medical support notice, as defined in s. 61.046, to the
319employee's employer within 2 business days after entry of the
320new hire information into the State Directory of New Hires'
321database, unless the court has determined that the employee's
322wages are not subject to withholding or, for purposes of the
323national medical support notice, the support order does not
324contain a provision for the employee to provide health insurance
325care coverage. The withholding notice shall direct the employer
326to withhold income in accordance with the income deduction
327order, and the national medical support notice shall direct the
328employer to withhold premiums for health insurance care
329coverage.
330     Section 9.  This act shall take effect upon becoming a law.


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