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.