Pennsylvania Act 1992-114 — DOMESTIC RELATIONS CODE (23 PA.C.S) - AMEND

Act text

DOMESTIC RELATIONS CODE (23 PA.C.S) - AMEND
                  Act of Dec. 4, 1992, P.L. 757, No. 114              Cl. 23
                             Session of 1992
                               No. 1992-114

     SB 1795

                                  AN ACT

     Amending Title 23 (Domestic Relations) of the Pennsylvania
        Consolidated Statutes, further providing for medical support
        obligation, for attachment of income and for acknowledgment
        of paternity.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Section 4324 of Title 23 of the Pennsylvania
     Consolidated Statutes is amended to read:
      § 4324.  Inclusion of spousal medical support.
        In addition to periodic support payments, the court may
     require that an obligor pay a designated percentage of a
     [child's or] spouse's reasonable and necessary health care
     expenses. If health care coverage is available through an
     obligor or obligee at no cost as a benefit of employment or at a
     reasonable cost, the court shall order an obligor or obligee to
     provide or extend health care coverage to a [child or] spouse.
     Upon failure of the obligor to make this payment or reimburse
     the [custodial parent or] spouse and after compliance with
     procedural due process requirement, the court shall treat the
     amount as arrearages.
        Section 2.  Title 23 is amended by adding a section to read:
      § 4326.  Mandatory inclusion of child medical support.
        (a)  General rule.--In every proceeding to establish or
     modify an order which requires the payment of child support, the
     court shall ascertain the ability of each parent to provide
     health care coverage for the children of the parties.
        (b)  Noncustodial parent requirement.--If health care
     coverage is available at a reasonable cost to a noncustodial
     parent on an employment-related or other group basis, the court
     shall require that the noncustodial parent provide such coverage
     to the children of the parties. In cases where there are two
     noncustodial parents having such coverage available, the court
     shall require one or both parents to provide coverage.
        (c)  Custodial parent requirement.--If health care coverage
     is available at a reasonable cost to a custodial parent on an
     employment-related or other group basis, the court shall require
     that the custodial parent provide such coverage to the children
     of the parties, unless adequate health care coverage has already
     been provided through the noncustodial parent. In cases where
     the parents have shared custody of the child and coverage is
     available to both, the court shall require one or both parents
     to provide coverage, taking into account the financial ability
     of the parties and the extent of coverage available to each
     parent.
        (d)  Additional requirement.--If the court finds that health
     care coverage is not available to either parent at a reasonable
     cost on an employment-related or other group basis, the court
     shall order either parent or both parents to obtain for the
     parties' children health insurance coverage which is available
     at reasonable cost.
        (e)  Uninsured expenses.--The court shall determine the
     amount of any deductible and copayments which each parent shall
     pay. In addition, the court may require that either parent or
     both parents pay a designated percentage of the reasonable and
     necessary uncovered health care expenses of the parties'
     children, including birth-related expenses incurred prior to the
     filing of the complaint.
        (f)  Proof of insurance.--Within 30 days after the entry of
     an order requiring a parent to provide health care coverage for
     a child, the obligated parent shall submit to the other parent,
     or person having custody of the child, written proof that health
     care coverage has been obtained or that application for coverage
     has been made. Proof of coverage shall consist of at a minimum:
            (1)  The name of the health care coverage provider.
            (2)  Any applicable identification numbers.
            (3)  Any cards evidencing coverage.
            (4)  The address to which claims should be made.
            (5)  A description of any restrictions on usage, such as
        prior approval for hospital admissions, and the manner of
        obtaining approval.
            (6)  A copy of the benefit booklet or coverage contract.
            (7)  A description of all deductibles and copayments.
            (8)  Five copies of any claim forms.
        (g)  Obligations of insurance companies.--Every insurer doing
     business within this Commonwealth shall be obligated as follows:
            (1)  to receive, process and pay claims to a custodial
        parent who has complied with subsection (i) in the same
        manner that the insurer is responsible to receive, process
        and pay claims to other insureds under the policy;
            (2)  to provide copies of benefit booklets, insurance
        contracts and claims information to custodial parents;
            (3)  if coverage is made available for dependents of the
        insured, to make such coverage available to the insured's
        children without regard to the amount of support contributed
        by a parent, the amount of time the child spends in the home
        or the custodial arrangements for the child;
            (4)  to permit the enrollment of children under court
        order within 60 days of the issuance of the order; and
            (5)  to provide the custodial parent who has complied
        with subsection (i) with the same notification of termination
        or modification of any health care coverage due to nonpayment
        of premiums or other reason as is provided to other insureds
        under the policy.
        (h)  Obligations of noninsurers.--To the maximum extent
     permitted by Federal law, the obligations of subsection (g)
     shall apply to noninsurers providing health care coverage within
     this Commonwealth, including self-insured employee health
     benefit plans, and to insurers providing benefits, directly or
     indirectly, through stop-loss coverage to self-insured plans.
        (i)  Obligations of custodial parent.--The custodial parent
     shall comply with the insurer's existing claim procedures and
     present to the insurer one of the following documents:
            (1)  a copy of a court order providing for payment of
        medical expenses and/or maintenance of medical insurance
        coverage on behalf of the child by the custodial parent; or
            (2)  a release signed by the insured permitting the
        insurer to communicate directly with the custodial parent.
        (j)  Enforcement of order.--If an obligated parent fails to
     comply with the order to provide health care coverage for a
     child or pay medical expenses for a child, the court shall:
            (1)  If, after a hearing, the failure or refusal is
        determined to have been willful, impose the penalties of
        section 4345(a) (relating to contempt for noncompliance with
        support order).
            (2)  Enter an order for a sum certain against the
        obligated parent for the cost of medical care for the child
        and for any premiums paid or provided for the child during
        any period in which the obligated parent failed or refused to
        provide coverage. Failure to comply with an order under this
        paragraph shall be subject to section 4348 (relating to
        attachment of income).
            (3)  Upon failure of the obligated parent to make this
        payment or reimburse the custodial parent and after
        compliance with due process requirements, treat the amount as
        arrearages.
        (k)  Enforcement against insurers.--Any insurer or other
     entity which violates the obligations imposed upon it under
     subsection (g) or (h) shall be civilly liable for damages and
     may be adjudicated in contempt and fined by the court.
        (l)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Child."  A child to whom a duty of child support is owed.
        "Health care coverage."  Coverage for medical, dental,
     orthodontic, optical, psychological, psychiatric or other health
     care services for a child. For the purposes of this section,
     medical assistance under Subarticle (f) of Article IV of the act
     of June 13, 1967 (P.L.31, No.21), known as the Public Welfare
     Code, shall not be considered health care coverage.
        "Insurer."  A corporation or person incorporated or doing
     business in this Commonwealth by virtue of the act of May 17,
     1921 (P.L.682, No.284), known as The Insurance Company Law of
     1921; a hospital plan corporation as defined in 40 Pa.C.S. Ch.
     61 (relating to hospital plan corporations); a professional
     health service plan corporation as defined in 40 Pa.C.S. Ch. 63
     (relating to professional health services plan corporations); a
     beneficial society subject to 40 Pa.C.S. Ch. 65 (relating to
     fraternal benefit societies); a health maintenance organization;
     or any other person, association, partnership, common-law trust,
     joint stock company, nonprofit corporation, profit corporation
     or other entity conducting an insurance business.
        Section 3.  Section 4348 of Title 23 is amended by adding a
     subsection to read:
      § 4348.  Attachment of income.
        * * *
        (d.1)  Insurance.--If an obligor or obligee is in violation
     of an order under section 4326(j)(3) (relating to mandatory
     inclusion of child medical support), the attachment shall be in
     favor of the appropriate provider of health care coverage.
        * * *
        Section 4.  This act shall apply as follows:
            (1)  Subject to paragraph (2), the amendment or addition
        of 23 Pa.C.S. §§ 4324 and 4326 shall apply to all support
        orders entered, reviewed or modified on or after the
        effective date of this act.
            (2)  The addition of 23 Pa.C.S. §§ 4326(j) and 4348(d.1)
        shall apply to support orders entered prior to the effective
        date of this act.
        Section 5.  This act shall take effect in 90 days.

     APPROVED--The 4th day of December, A. D. 1992.

     ROBERT P. CASEY