HBA-SEB S.B. 1814 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1814
By: Harris
Juvenile Justice and Family Issues
5/12/1999
Engrossed



BACKGROUND AND PURPOSE 

Currently, a court may require a child support obligor to pay expenses for
the child's health care, but the court cannot require the spouse of an
obligor to pay the expenses.  S.B. 1814 authorizes a court to order an
obligor to provide medical support for a child with health insurance that
is available through the employment of the obligor's spouse or the spouse's
membership in a union, trade asociation, or other organization if the
spouse agrees to include the child in the spouse's coverage. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 154.182, Family Code, by amending Subsection (b)
and adding Subsection (d), as follows: 

(b)  Makes a conforming change with respect to the addition of Subsection
(d).   

(d)  Authorizes a court to order an obligor to provide medical support for
a child with health insurance that is available through the employment of
the obligor's spouse or the spouse's membership in a union, trade
asociation, or other organization only if the spouse agrees to include the
child in the spouse's coverage. 

SECTION 2.  Amends Subchapter D, Chapter 154, Family Code, by adding
Section 154.1835, as follows: 

Sec. 154.1835.  PAYMENT OF EXPENSES NOT REIMBURSED BY HEALTH INSURANCE.
Provides that a party who incurs health care expenses that are reimbursable
by another party must present the other party with a bill for expenses by a
certain date. Provides that if the bill is not presented to the court that
issued the original order or the party required to provide reimbursement
within the allotted time, the party forfeits the right to reimbursement.
Requires the party required to provide reimbursement to pay the bill within
30 days of its receipt. 

SECTION 3.  Amends Article 3.96-2, Insurance Code, to prohibit an insurer
from denying enrollment of a child under the health insurance coverage of a
child's parent or a spouse of the parent on the ground that the child has a
preexisting condition, was born out of wedlock, is not claimed as a
dependent on the federal income tax return of the parent or spouse, does
not reside with the parent or spouse or in the insurer's service area, or
is or has been an applicant for or recipient of medical assistance.   

SECTION 4.  Amends Article 3.96-3, Insurance Code, by adding Subsection
(c), to require an insurer to permit a parent to enroll a child without
regard to any enrollment period restriction if the spouse of the parent is
required by a court or administrative order to provide health coverage for
a child and is eligible for dependent health coverage. 

 SECTION 5.  Amends Article 3.96-7(a), Insurance Code, to make a conforming
change. 

SECTION 6.Effective date: September 1, 1999.
                        Makes application of this Act prospective.

SECTION 7.Emergency clause.