HBA-LJP C.S.S.B. 236 77(R) BILL ANALYSIS Office of House Bill AnalysisC.S.S.B. 236 By: Harris Juvenile Justice & Family Issues 3/26/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE Current law provides for the court ordered medical coverage of a child under the private insurance of an obligor or obligee or the Texas Healthy Kids Corporation, but does not provide for the court to order medical coverage of a child under the medical assistance program or the child health plan for certain low income children (CHIP). C.S.S.B. 236 provides through a court order of child support for the medical coverage of a child under the medical assistance program or CHIP. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the attorney general and the Health and Human Services Commission in SECTION 3 of this bill. ANALYSIS C.S.S.B. 236 amends the Family Code to require the court before a hearing on temporary orders or a final order, if no hearing on temporary orders is held, to order the parties in the parent-child relationship proceeding to disclose in a pleading or other statement the status, a description, the policy number, and the insurance company of any private health insurance, health benefits through public assistance programs, or access to health insurance of the child and whether the insurance is employment based. The bill requires the court in rendering temporary orders to order the continuance of any health insurance that is in effect and is available to the parent at reasonable cost that the child is under pending the rendition of the final order. If there is no continuance of health insurance and the child is not receiving health insurance under the medical assistance program or the state child health plan for certain low income children (CHIP), the bill requires the court to order the obligor or obligee to provide the child health care insurance. Before rendering a final order, the bill also requires the court to order the parent required to provide the health care coverage to provide evidence to the court's satisfaction that the parent has applied, secured, or taken necessary action to obtain the health care coverage. If neither parent has access to private health insurance at a reasonable cost, the bill requires the court to order the custodial parent or when applicable the noncustodial parent to immediately apply on behalf of the child for medical insurance under the medical assistance program or CHIP and that the obligor pay the obligee for the actual cost of participation in the program from withheld income. The bill repeals certain provisions relating to the reasonable cost of child support, and certain provisions that authorizes an obligor or a court to order an obligor to apply for child health care coverage through the Texas Healthy Kids Corporation. The bill requires the attorney general and the Health and Human Services Commission to develop and publish appropriate rules to implement this Act. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.S.B. 236 modifies the original to provide that the parties to a parent-child relationship proceeding disclose in a pleading or other statement if private health insurance is in effect for the child, the identity of the insurance company providing the coverage, and whether the coverage is provided through a parent's employment.