Full Text of SB0258 102nd General Assembly
SB0258 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB0258 Introduced 2/17/2021, by Sen. Michael E. Hastings SYNOPSIS AS INTRODUCED: |
| 750 ILCS 5/505.2 | from Ch. 40, par. 505.2 |
|
Amends a Section of the Illinois Marriage and Dissolution of Marriage Act regarding health insurance coverage for children. Defines "insurance obligee" as an individual to whom a health insurance obligation is owed on behalf of a child and "insurance obligor" as an individual who has an obligation to provide health insurance for a child. Changes certain terminology in the Section to conform to the new defined terms. Deletes language providing that the court shall enter an order for health insurance coverage of the child upon the request of the obligee or the public office in charge of child support enforcement. Deletes certain requirements concerning the procedures and notice obligations governing an application for insurability following the entry of an order. Deletes language providing that the court shall order the obligor to reimburse the obligee for 50% of the premium for placing the child on his or her health insurance policy under certain circumstances. Deletes language providing that the court may order the obligor to reimburse the obligee for 100% of the premium for placing the child on his or her health insurance policy. Deletes language providing that the obligor shall be liable to the obligee for the dollar amount of the premiums that were not paid. Provides that an employer may eliminate a child from the insurance obligor's health insurance coverage if the employer no longer provides a group health insurance plan to any employees or the child is no longer eligible for coverage due to federal or State restrictions. Makes other changes.
|
| |
| | A BILL FOR |
|
| | | SB0258 | | LRB102 04374 LNS 14392 b |
|
| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Marriage and Dissolution of | 5 | | Marriage Act is amended by changing Section 505.2 as follows:
| 6 | | (750 ILCS 5/505.2) (from Ch. 40, par. 505.2)
| 7 | | Sec. 505.2. Health insurance.
| 8 | | (a) Definitions. As used in this Section:
| 9 | | (1) (Blank). "Obligee" means the individual to whom | 10 | | the duty of support is owed or
the individual's legal | 11 | | representative.
| 12 | | (2) (Blank). "Obligor" means the individual who owes a | 13 | | duty of support pursuant
to an order for support.
| 14 | | (3) "Public office" means any elected official or any | 15 | | State or local
agency which is or may become responsible | 16 | | by law for enforcement of, or
which is or may become | 17 | | authorized to enforce, an order for support,
including, | 18 | | but not limited to: the Attorney General, the Illinois
| 19 | | Department of Healthcare and Family Services, the Illinois | 20 | | Department of Human Services, the
Illinois Department of | 21 | | Children and Family Services, and the various State's
| 22 | | Attorneys, Clerks of the Circuit Court and supervisors of | 23 | | general assistance.
|
| | | SB0258 | - 2 - | LRB102 04374 LNS 14392 b |
|
| 1 | | (4) "Child" shall have the meaning ascribed to it in | 2 | | Section 505. | 3 | | (5) "Insurance obligee" means any individual to whom | 4 | | the health insurance obligation is owed on behalf of the | 5 | | child. | 6 | | (6) "Insurance obligor" means any individual who has | 7 | | an obligation to provide health insurance for the child.
| 8 | | (b) Order.
| 9 | | (1) Whenever the court establishes, modifies or | 10 | | enforces an
order for child support or for child support | 11 | | and maintenance the court
shall include in the order a | 12 | | provision for the health insurance care coverage of the
| 13 | | child which shall , upon request of the obligee or Public | 14 | | Office, require that
any child
covered by the order be | 15 | | named as a beneficiary of any health insurance plan that | 16 | | is available to the insurance obligor through an employer | 17 | | or labor union or
trade union. If the court finds that such | 18 | | a plan is not available to the
obligor, or that the plan is | 19 | | not accessible to the obligee , the court may , upon
request | 20 | | of the obligee or Public Office, order the insurance | 21 | | obligor to name the child
covered by the order as a | 22 | | beneficiary of any health insurance plan that is
available | 23 | | to the insurance obligor on a group basis, or as a | 24 | | beneficiary of an
independent health insurance plan to be | 25 | | obtained by the insurance obligor, after
considering the | 26 | | following factors:
|
| | | SB0258 | - 3 - | LRB102 04374 LNS 14392 b |
|
| 1 | | (A) the medical needs of the child;
| 2 | | (B) the availability of a plan to meet those | 3 | | needs; and
| 4 | | (C) the cost of such a health insurance plan to the | 5 | | insurance obligor and insurance obligee .
| 6 | | (2) If the employer or labor union or trade union | 7 | | offers more than
one plan, the order shall require the | 8 | | insurance obligor to name the child as a
beneficiary of | 9 | | the plan in which the insurance obligor is enrolled.
| 10 | | (3) Nothing in this Section shall be construed to | 11 | | limit the authority of
the court to establish or modify a | 12 | | support order to provide for payment of
expenses, | 13 | | including deductibles, copayments and any other health | 14 | | expenses,
which are in addition to expenses covered by an | 15 | | insurance plan of which a
child is ordered to be named a | 16 | | beneficiary pursuant to this Section.
| 17 | | (c) Implementation and enforcement .
| 18 | | (1) When the court order requires that
a minor child | 19 | | be named as a beneficiary of a health insurance plan, | 20 | | other than
a health insurance plan available through an | 21 | | employer or labor union or trade
union, the insurance | 22 | | obligor shall provide written proof to the insurance | 23 | | obligee or Public Office
that the required insurance has | 24 | | been obtained , or that application for
insurability has | 25 | | been made, within 30 days of receiving notice of the court
| 26 | | order. Unless the obligor was present in court when the |
| | | SB0258 | - 4 - | LRB102 04374 LNS 14392 b |
|
| 1 | | order was issued,
notice of the order shall be given | 2 | | pursuant to Illinois Supreme Court Rules.
If an obligor | 3 | | fails to provide the required proof, he may be held in | 4 | | contempt
of court .
| 5 | | (2) When the court requires that a child be named as a
| 6 | | beneficiary of a health insurance plan available through | 7 | | an employer or
labor union or trade union, the court's | 8 | | order shall be implemented in
accordance with the Income | 9 | | Withholding for Support Act.
| 10 | | (2.5) (Blank). The court shall order the obligor to | 11 | | reimburse the obligee for 50% of the premium for placing | 12 | | the child on his or her health insurance policy if: | 13 | | (i) a health insurance plan
is not available to | 14 | | the obligor through an employer or labor union or
| 15 | | trade union and the court does not order the obligor to | 16 | | cover the child as a beneficiary of any health | 17 | | insurance plan that is
available to the obligor on a | 18 | | group basis or as a beneficiary of an
independent | 19 | | health insurance plan to be obtained by the obligor; | 20 | | or | 21 | | (ii) the obligor does not obtain medical insurance | 22 | | for the child within 90 days of the date of the court | 23 | | order requiring the obligor to obtain insurance for | 24 | | the child. | 25 | | The provisions of subparagraph (i) of paragraph 2.5 of | 26 | | subsection (c) shall be applied, unless the court makes a |
| | | SB0258 | - 5 - | LRB102 04374 LNS 14392 b |
|
| 1 | | finding that to apply those provisions would be | 2 | | inappropriate after considering all of the factors listed | 3 | | in paragraph 2 of subsection (a) of Section 505. | 4 | | The court may order the obligor to reimburse the | 5 | | obligee for 100% of the premium for placing the child on | 6 | | his or her health insurance policy. | 7 | | (d) Failure to maintain insurance. The dollar amount of | 8 | | the premiums
for court-ordered health insurance, or that | 9 | | portion of the premiums for
which the insurance obligor is | 10 | | responsible in the case of insurance provided under a
group | 11 | | health insurance plan through an employer or labor union or | 12 | | trade
union where the employer or labor union or trade union | 13 | | pays a portion of the
premiums, shall be considered an | 14 | | additional child support obligation owed by
the obligor . | 15 | | Whenever the insurance obligor fails to provide or maintain | 16 | | health
insurance pursuant to an order for support, the | 17 | | insurance obligor shall be liable to the
obligee for the | 18 | | dollar amount of the premiums which were not paid, and shall
| 19 | | also be liable for all medical expenses incurred by the child | 20 | | which
would
have been paid or reimbursed by the health | 21 | | insurance which the insurance obligor was
ordered to provide | 22 | | or maintain. In addition, the insurance obligee may petition | 23 | | the court
to modify the order based solely on the insurance | 24 | | obligor's failure to maintain or pay the premiums
for | 25 | | court-ordered health insurance for the child .
| 26 | | (e) Authorization for payment. The signature of the |
| | | SB0258 | - 6 - | LRB102 04374 LNS 14392 b |
|
| 1 | | insurance obligee is a valid
authorization to the insurer to | 2 | | process a claim for payment under the
insurance plan to the | 3 | | provider of the health insurance plan care services or to the | 4 | | insurance obligee.
| 5 | | (f) Disclosure of information. The insurance obligor's | 6 | | employer or labor union
or trade union shall disclose to the | 7 | | insurance obligee or Public Office, upon request,
information | 8 | | concerning any dependent coverage plans which would be made
| 9 | | available to a new employee or labor union member or trade | 10 | | union member. The
employer or labor union or trade union shall | 11 | | disclose such information whether
or not a court order for | 12 | | medical support has been entered.
| 13 | | (g) Employer obligations. If an insurance obligor a parent | 14 | | is required by an
order for support to provide health | 15 | | insurance coverage for a child child's health care
expenses | 16 | | and if that coverage is available to the insurance obligor | 17 | | parent through an employer
who does business in this State, | 18 | | the employer must do all of the
following upon receipt of a | 19 | | copy of the order of support or order for
withholding:
| 20 | | (1) The employer shall, upon the insurance obligor's | 21 | | parent's request, permit the insurance obligor parent to
| 22 | | include in that coverage a
child who is otherwise eligible | 23 | | for that coverage, without regard to any
enrollment season | 24 | | restrictions that might otherwise be applicable as
to the | 25 | | time period within which the child may be added to that | 26 | | coverage.
|
| | | SB0258 | - 7 - | LRB102 04374 LNS 14392 b |
|
| 1 | | (2) If the insurance obligor parent has health | 2 | | insurance care coverage through the employer but fails
to | 3 | | apply for coverage
for of the child, the employer shall | 4 | | include the child in the insurance obligor's parent's | 5 | | coverage
upon application by the insurance obligee child's | 6 | | other parent or the Department of
Healthcare and Family | 7 | | Services.
| 8 | | (3) The employer may not eliminate any child from the | 9 | | insurance obligor's parent's health insurance care
| 10 | | coverage unless : the employee is no longer employed by the | 11 | | employer and no
longer covered under the employer's group | 12 | | health plan ; the employer no longer provides a group | 13 | | health insurance plan to any employees; the child is no | 14 | | longer eligible for coverage due to federal or State | 15 | | restrictions; or unless the employer is
provided with | 16 | | satisfactory written evidence of
either of the following:
| 17 | | (A) The order for support is no longer in effect.
| 18 | | (B) The child is or will be included in a | 19 | | comparable health insurance care plan
obtained by the | 20 | | insurance obligor parent under such order that is | 21 | | currently in effect or will
take effect no later than | 22 | | the date the prior coverage is terminated.
| 23 | | The employer may eliminate a child from the insurance | 24 | | obligor's a parent's health insurance care plan
obtained | 25 | | by the insurance obligor parent under such order if the | 26 | | employer has eliminated
dependent health insurance care |
| | | SB0258 | - 8 - | LRB102 04374 LNS 14392 b |
|
| 1 | | coverage for all of its employees.
| 2 | | (Source: P.A. 94-923, eff. 1-1-07; 95-331, eff. 8-21-07.)
|
|