HB827: relative to the reasonable cost of medical support for dependent children.

CHAPTER 227

HB 827-FN – FINAL VERSION

27Mar2007… 0906h

2007 SESSION

07-1123

05/09

HOUSE BILL 827-FN

AN ACT relative to the reasonable cost of medical support for dependent children.

SPONSORS: Rep. Moran, Hills 18; Rep. Blanchard, Merr 10; Rep. Itse, Rock 9; Rep. Flockhart, Rock 13; Sen. Fuller Clark, Dist 24; Sen. Sgambati, Dist 4

COMMITTEE: Children and Family Law

ANALYSIS

This bill establishes criteria for determining whether health insurance is available to parents at a reasonable cost and requires the court to address medical support as part of the child support order.

This bill is a request of the department of health and human services.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

27Mar2007… 0906h

07-1123

05/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT relative to the reasonable cost of medical support for dependent children.

Be it Enacted by the Senate and House of Representatives in General Court convened:

227:1 Duty of Department to Enforce Child Support; Medical Support Added. Amend RSA 161-B:3, II to read as follows:

II. The commissioner may accept applications for support enforcement services on behalf of persons who are not recipients of public assistance and may take such action as the commissioner deems appropriate to establish or enforce support obligations against [persons] either or both parents owing a duty to [pay] provide child or medical support. Action may be taken under this chapter, the abandonment or nonsupport statutes, or other appropriate statutes of this state, including but not limited to remedies established in RSA 161-C, to establish and enforce support obligations, provided, however, that if such child support obligation has been terminated by court order or by operation of law the commissioner may close the case in accordance with the criteria set out in federal statutes and regulations.

227:2 Income Assignment; Amount Withheld. Amend RSA 458-B:4, VI to read as follows:

VI. When less than the full amount of a legal order of support is withheld from the obligor’s income, the difference shall accrue as arrears as long as the legal order of support remains in effect. Amounts withheld from income to satisfy support obligations shall be given the following priority by the employer, unless a court or administrative order directs otherwise:

(a) Current child and spousal support;

(b) Health insurance premiums or current cash medical support obligations;

(c) Arrearages; and

(d) Other child support obligations.

227:3 Child Support Guidelines; Definition of Adjusted Gross Income; Medical Support Obligation Deducted. Amend RSA 458-C:2, I(e) to read as follows:

(e) Amounts actually paid by the obligor for allowable child care expenses or the medical [insurance coverage] support obligation for the minor children to whom the child support order applies.

227:4 New Paragraph; Child Support Guidelines; Definition of Medical Support Obligation Added. Amend RSA 458-C:2 by inserting after paragraph IV the following new paragraph:

IV-a. “Medical support obligation” means the obligation of either or both parents to provide health insurance coverage for a dependent child and/or to pay a monetary sum toward the cost of health insurance provided by a public entity, parent, or other person, or for medical costs not covered by insurance, including payment for the cost of premiums, co-payments, and deductibles.

227:5 New Paragraph; Child Support Guidelines; Definition of Reasonable Cost Added. Amend RSA 458-C:2 by inserting after paragraph VI the following new paragraph:

VI-a. “Reasonable cost” means that the medical support obligation does not exceed 5 percent of the parent’s individual net income as calculated under the formula set forth in RSA 458-C:2, VI.

227:6 New Paragraph; Child Support Guidelines; Medical Support Obligation. Amend RSA 458-C:3 by inserting after paragraph IV the following new paragraph:

V. If the minor child is not currently enrolled in private health insurance, the court shall calculate a reasonable medical support obligation for each parent. A medical support obligation shall be reasonable if it does not exceed 5 percent of the parent’s individual net income under RSA 458-C:2, VI-a. If the court determines that health insurance is available at a reasonable cost to either parent, or is available by combining the reasonable medical support obligation of both parents, the court shall order either or both parents to provide such support.

227:7 Parental Rights and Responsibilities; Medical Support Obligation. Amend RSA 461-A:14, IX to read as follows:

IX.(a) Each child support order shall include the court’s determination and findings relative to health insurance and the payment of uninsured medical expenses for the children.

(b) If the court determines that private health insurance is accessible and available at a reasonable cost, the court shall order the parent, or parents, to provide such insurance for the children. Accessible health insurance means the primary care services are located within 50 miles or one hour from the child’s primary residence. Health insurance shall be available at a reasonable cost if the cost of such insurance does not exceed 5 percent of the responsible parent’s individual net income under RSA 458-C:2, VI-a.

(c) If the court determines that private health insurance is not accessible or available at a reasonable cost, the court shall establish a cash medical support obligation, calculated in accordance with RSA 458-C:3, V, and order that either or both parents shall obtain such private health insurance if it subsequently becomes accessible and available at a reasonable cost. When ordered in lieu of private health insurance, an obligation for cash medical support shall be suspended and shall not accrue during such time as the obligated parent is providing private health insurance in accordance with this paragraph.

(d) In all cases where support is payable through the department, or where the department is providing medical assistance for the child under RSA 167, the court shall include the medical support obligation in any order issued on or after the effective date of this paragraph.

(e) A court may order either or both parents to pay a medical support obligation, either to provide health insurance coverage or as cash medical support, in excess of reasonable cost, in such other circumstances, as the court deems appropriate.

227:8 Effective Date. This act shall take effect upon its passage.

Approved: June 25, 2007

Effective: June 25, 2007