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HOUSE BILL NO. 462, As Amended, As Amended

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H0462aa,aa...................................................by MR. SPEAKER
              Requested by: Department of Health and Welfare
CHILD SUPPORT - INCOME WITHHOLDING - Amends, repeals and adds to existing
law to revise the statutes governing income withholding for child support;
to bring the statutes into conformity with federal law; and to simplify
procedures.

01/12    House intro - 1st rdg - to printing
01/12    Rpt prt - to Rev/Tax
01/27    Rpt out - to Jud
02/18    Rpt out - to Gen Ord
02/23    Rpt out amen - to engros
02/24    Rpt engros - 1st rdg - to 2nd rdg as amen
02/25    2nd rdg - to 3rd rdg as amen
02/26    Returned to Jud
03/06    Rpt out - to Gen Ord
03/06    Rpt out amen - to engros
03/09    Rpt engros - 1st rdg - to 2nd rdg as amen
03/10    Rls suspended - PASSED - 46-22-2
      AYES -- Barraclough, Bell, Bieter, Bivens, Black(15), Boe, Bruneel,
      Campbell, Chase, Clark, Crow, Cuddy, Deal, Ellsworth, Field(13),
      Field(20), Gould, Henbest, Jaquet, Jones(9), Jones(22), Jones(20),
      Judd, Kellogg, Kjellander, Kunz, Lake, Linford, Mader, Marley, Meyer,
      Miller, Newcomb, Pischner, Pomeroy, Reynolds, Richman, Robison,
      Stevenson, Stoicheff, Stone, Tippets, Trail, Watson, Zimmermann,
      Mr Speaker
      NAYS -- Alltus, Barrett, Black(23), Callister, Crane, Denney, Gagner,
      Hadley, Hansen, Hornbeck, Kendell, Loertscher, McKague, Mortensen,
      Ridinger, Sali, Schaefer, Stubbs, Taylor, Tilman, Wheeler, Wood
      Absent and excused -- Geddes, Kempton
    Floor Sponsor - Jaquet
    Title apvd - to Senate
03/11    Senate intro - 1st rdg as amen - to Health/Wel
03/17    Rpt out - rec d/p - to 2nd rdg as amen
03/18    2nd rdg - to 3rd rdg as amen
03/19    3rd rdg as amen - PASSED - 26-9-0
      AYES--Andreason, Bunderson, Burtenshaw, Crow, Danielson, Darrington,
      Deide, Dunklin, Geddes, Hansen, Ingram, Ipsen, King, Lee, McLaughlin,
      Noh, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett,
      Sweeney, Twiggs, Wheeler
      NAYS--Boatright, Branch, Cameron, Frasure, Hawkins, Keough, Parry,
      Thorne, Whitworth
      Absent and excused--None
    Floor Sponsor - Wheeler
    Title apvd - to House
03/20    To enrol - rpt enrol- Sp signed
03/23    Pres signed - to Governor
03/24    Governor signed
         Session Law Chapter 292
         Effective: 07/01/98

Bill Text

H0462

                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998
                                                                        

                             IN THE HOUSE OF REPRESENTATIVES

                        HOUSE BILL NO. 462, As Amended, As Amended

                                      BY MR. SPEAKER
                      Requested by: Department of Health and Welfare

 1                                        AN ACT
 2    RELATING TO INCOME WITHHOLDING FOR CHILD SUPPORT; REPEALING  SECTIONS  7-1204,
 3        7-1205,  32-1204, 32-1207, 32-1208, 32-1209, 32-1211, 32-1213, 32-1214 AND
 4        32-1217, IDAHO CODE; AMENDING SECTION 7-1121, IDAHO CODE, TO SPECIFY  CON-
 5        TENTS  OF  A CHILD SUPPORT ORDER; AMENDING SECTION 16-1622, IDAHO CODE, TO
 6        SPECIFY CONTENTS OF A CHILD SUPPORT ORDER; AMENDING SECTION 20-524,  IDAHO
 7        CODE,  TO  SPECIFY  CONTENTS  OF  A  CHILD SUPPORT ORDER; AMENDING SECTION
 8        32-706, IDAHO CODE, TO SPECIFY CONTENTS OF A CHILD SUPPORT ORDER; AMENDING
 9        SECTION 32-710A, IDAHO CODE, TO PROVIDE CORRECT  TERMINOLOGY  AND  SPECIFY
10        CONTENTS  OF A CHILD SUPPORT ORDER;  AMENDING SECTION 32-1202, IDAHO CODE,
11        TO FURTHER DEFINE TERMS; AMENDING SECTION 32-1205, IDAHO CODE, TO REDESIG-
12        NATE THE SECTION AND TO SPECIFY CONDITIONS FOR NOTICE  AND  IMPLEMENTATION
13        OF  IMMEDIATE  INCOME  WITHHOLDING;  AMENDING  CHAPTER 12, TITLE 32, IDAHO
14        CODE, BY THE ADDITION OF A NEW SECTION 32-1205, IDAHO CODE, TO PROVIDE FOR
15        INCOME WITHHOLDING UPON A DELINQUENCY;  AMENDING  SECTION  32-1206,  IDAHO
16        CODE,  TO  GOVERN  JUDICIAL  PROCEEDINGS  FOR INCOME WITHHOLDING; AMENDING
17        CHAPTER 12, TITLE 32, IDAHO  CODE,  BY  THE  ADDITION  OF  A  NEW  SECTION
18        32-1207, IDAHO CODE, TO GOVERN ADMINISTRATIVE PROCEEDINGS FOR INCOME WITH-
19        HOLDING;  AMENDING SECTION 32-1212, IDAHO CODE, TO REDESIGNATE THE SECTION
20        AND TO GOVERN SERVICE OF INCOME WITHHOLDING ORDER IN A  JUDICIAL  PROCEED-
21        ING,  TO  CORRECT  A  CODE  REFERENCE  AND TO MAKE A TECHNICAL CORRECTION;
22        AMENDING CHAPTER 12, TITLE 32, IDAHO CODE, BY THE ADDITION OF A  NEW  SEC-
23        TION 32-1209, IDAHO CODE, TO GOVERN SERVICE OF INCOME WITHHOLDING ORDER IN
24        AN  ADMINISTRATIVE  PROCEEDING;  AMENDING  SECTION 32-1210, IDAHO CODE, TO
25        SPECIFY THE EMPLOYER'S DUTIES AND RESPONSIBILITIES  AND  DISTRIBUTIONS  OF
26        AMOUNTS  WITHHELD; AMENDING CHAPTER 12, TITLE 32, IDAHO CODE, BY THE ADDI-
27        TION OF A NEW SECTION  32-1211,  IDAHO  CODE,  TO  SPECIFY  PENALTIES  FOR
28        EMPLOYERS; AMENDING CHAPTER 12, TITLE 32, IDAHO CODE, BY THE ADDITION OF A
29        NEW SECTION 32-1212, IDAHO CODE, TO REQUIRE FILING IDENTIFYING INFORMATION
30        BY  OBLIGORS AND OBLIGEES; AMENDING SECTION 32-1215, IDAHO CODE, TO REDES-
31        IGNATE THE SECTION, TO CORRECT A CODE REFERENCE AND TO  MAKE  A  TECHNICAL
32        CORRECTION;  AMENDING SECTION 32-1216, IDAHO CODE, TO REDESIGNATE THE SEC-
33        TION AND TO MAKE TECHNICAL CORRECTIONS; AMENDING  CHAPTER  12,  TITLE  32,
34        IDAHO CODE, BY THE ADDITION OF A NEW SECTION 32-1215, IDAHO CODE, TO SPEC-
35        IFY  PROCEDURES  FOR  TERMINATION  OF  INCOME  WITHHOLDING  UPON OBLIGOR'S
36        REQUEST IN A JUDICIAL PROCEEDING; AMENDING CHAPTER  12,  TITLE  32,  IDAHO
37        CODE,  BY  THE  ADDITION  OF A NEW SECTION 32-1216, IDAHO CODE, TO SPECIFY
38        PROCEDURE FOR TERMINATION  OR  MODIFICATION  OF  INCOME  WITHHOLDING  UPON
39        OBLIGEE'S REQUEST IN A JUDICIAL PROCEEDING; AMENDING CHAPTER 12, TITLE 32,
40        IDAHO CODE, BY THE ADDITION OF A NEW SECTION 32-1217, IDAHO CODE, TO SPEC-
41        IFY  PROCEDURE  FOR  TERMINATION  OF  INCOME WITHHOLDING BY THE COURT IN A
42        JUDICIAL PROCEEDING; AND AMENDING SECTIONS 41-2145, 41-2219,  41-3442  AND
43        41-3929, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE; AMENDING SECTION
44        41-4026,  IDAHO  CODE,  TO  PROVIDE A CORRECT CODE REFERENCE AND TO MAKE A
45        TECHNICAL CORRECTION; AMENDING SECTION 41-4717, IDAHO CODE, TO  PROVIDE  A
46        CORRECT CODE REFERENCE.


                                          2

 1    Be It Enacted by the Legislature of the State of Idaho:

 2        SECTION  1.  That  Sections  7-1204,  7-1205,  32-1204,  32-1207, 32-1208,
 3    32-1209, 32-1211, 32-1213, 32-1214 and 32-1217, Idaho Code, be, and  the  same
 4    are hereby repealed.

 5        SECTION  2.  That  Section  7-1121, Idaho Code, be, and the same is hereby
 6    amended to read as follows:

 7        7-1121.  ORDER FOR SUPPORT -- CONTINUANCE BEYOND AGE OF 18 --  OTHER  PAY-
 8    MENTS  BY  FATHER. (1) In a proceeding in which the court has made an order of
 9    filiation, the court may direct a father possessed of sufficient means or able
10    to earn such means to pay monthly or at other fixed periods a fair and reason-
11    able sum for the support and education of the child until the child  is  eigh-
12    teen  (18)  years of age. If the child continues his  formal  
13    high school  education subsequent to reaching the age of  eighteen  (18)
14    years,  the  court  may,  in its discretion, order the continuation of support
15    payments until the child discontinues his  high school    education
16    or reaches the age of nineteen (19) years, whichever is sooner.
17        (2)  The  order  of  filiation  may  direct the father to pay or reimburse
18    amounts paid for the support of the child prior to the date of  the  order  of
19    filiation  and  may  also direct him to pay or reimburse amounts paid for: (a)
20    the funeral expenses if the child has died; (b) the necessary expenses  incur-
21    red  by or for the mother in connection with her confinement and recovery; and
22    (c) such expenses in connection with the pregnancy of the mother as the  court
23    may deem proper.
24        (3)  If  the father is a minor at the time the order is entered, the order
25    shall continue in effect as a valid order after the father  reaches  majority,
26    and cannot be disaffirmed by the minor himself or personal representatives.
27        (4)  Upon  the  receipt  of  a  genetic  test result with a probability of
28    paternity of at least ninety-eight percent (98%) the court shall, upon  motion
29    by  a  party,  order  temporary support for the child pending a final order of
30    paternity and support. The support shall be in accordance with the Idaho child
31    support guidelines.
32        (5)   Any child support order issued or modified shall contain a pro-
33    vision allowing the obligee to enforce the order  by  income  withholding  and
34    shall include the notice required in section 32-1205, Idaho Code, advising the
35    obligor  that the obligee can seek enforcement of the order by means of a man-
36    datory income withholding order issued pursuant to this chapter  without  fur-
37    ther  notice to the obligor   All child support orders shall notify
38    the obligor that the order will be enforced by income withholding pursuant  to
39    chapter  12,  title  32,  Idaho Code . Failure to include this provision
40    does not affect the validity of the support order.  If the  social  secu-
41    rity  number  of the person obligated to make child support payments under the
42    support order or decree is available, t   T  he  court  shall
43    require that the social security number s  of  both  the
44    obligor  and obligee  be included in the order or decree.

45        SECTION  3.  That  Section 16-1622, Idaho Code, be, and the same is hereby
46    amended to read as follows:

47        16-1622.  SUPPORT OF COMMITTED CHILD. (a)  Whenever  legal  custody  of  a
48    child  is  vested  in  someone other than his parents, after due notice to the
49    parent, guardian or other persons legally obligated to care  for  and  support
50    the child, and after a hearing, the court may order and decree that the parent


                                          3

 1    or  other legally obligated person shall pay in such a manner as the court may
 2    direct a reasonable sum that will cover in whole or in part  the  support  and
 3    treatment  of  the  child  after an order of temporary custody, if any, or the
 4    decree is entered. If the parent or other legally obligated  person  willfully
 5    fails  or  refuses to pay such sum, the court may proceed against him for con-
 6    tempt, or the order may be filed and shall have the effect of  a  civil  judg-
 7    ment.
 8        (b)   Any child support order or decree issued or modified under this
 9    section shall contain a provision allowing the obligee to enforce the order or
10    decree by income withholding; and shall include the notice required in section
11    32-1205,  Idaho  Code, advising the obligor that the obligee can seek enforce-
12    ment of the order or decree by means of a mandatory income  withholding  order
13    issued  pursuant  to this chapter without further notice to the obligor 
14     All child support orders shall notify the obligor that the order will be
15    enforced by income withholding pursuant to chapter 12, title  32,  Idaho  Code
16    .
17        (c)  Failure  to  include these provisions does not affect the validity of
18    the support order or decree.  If the social security number of the person
19    obligated to make child support payments under the support order or decree  is
20    available,  t  T he court shall require that the social secu-
21    rity number s  of  both  the obligor   and  obligee
22     be included in the order or decree.

23        SECTION  4.  That  Section  20-524, Idaho Code, be, and the same is hereby
24    amended to read as follows:

25        20-524.  SUPPORT OF JUVENILE -- REIMBURSEMENT FOR COSTS INCURRED  --  PAY-
26    MENT  OF  DETENTION  COSTS.  (1) Whenever a juvenile is placed by the court in
27    custody other than that of the  juvenile's  parents,  guardian  or  custodian,
28    after due notice to the parent, guardian or other persons legally obligated to
29    care  for  and  support the juvenile, and after a hearing, the court may order
30    and decree that the parent or other legally obligated person shall pay in such
31    a manner as the court may direct a reasonable sum that will cover in whole  or
32    in  part  the  support  and  treatment of the juvenile. If the parent or other
33    legally obligated person willfully fails or refuses to pay such sum, the court
34    may proceed against him for contempt, or the order may be filed and shall have
35    the effect of a civil judgment.
36        (2)  If the juvenile is detained, the court may order that the parents  or
37    other  legal  guardian of the juvenile contribute to the costs of detention in
38    an amount to be set by the court. The order may be filed and  shall  have  the
39    effect  of  a  civil judgment. It is the intent of the legislature that foster
40    parents or a parent or legal guardian receiving public assistance relating  to
41    that  juvenile  should  not  benefit from the continued receipt of payments or
42    public assistance from any state or  federal  agency  while  the  juvenile  is
43    detained.  The  department  of  health and welfare is directed to promulgate a
44    rule implementing this intent.
45        (3)   Any child support order or decree issued or modified shall con-
46    tain a provision allowing the obligee to enforce the order or decree by income
47    withholding and shall include the notice required in  section  32-1205,  Idaho
48    Code,  advising the obligor that the obligee can seek enforcement of the order
49    or decree by means of a mandatory income withholding order issued pursuant  to
50    this chapter without further notice to the obligor   All child sup-
51    port orders shall notify the obligor that the order will be enforced by income
52    withholding pursuant to chapter 12, title 32, Idaho Code .
53        (4)  Failure  to  include these provisions does not affect the validity of


                                          4

 1    the support order or decree.  If the social security number of the person
 2    obligated to make child support payments under the support order or decree  is
 3    available,  t  T he court shall require that the social secu-
 4    rity number s  of  both  the obligor   and  obligee
 5     be included in the order or decree.
 6        (5)  If  the  juvenile  is  committed  to the custody of the department of
 7    juvenile corrections pursuant to chapter 5, title 20, Idaho Code, the  depart-
 8    ment  shall  reimburse the county for the period of time in excess of five (5)
 9    days during which the juvenile is housed at a  detention  facility.  The  time
10    period  shall  begin to run from the day the department receives a copy of the
11    order of commitment executed by the  court.  Facsimile  transmissions  of  the
12    order are acceptable.

13        SECTION  5.  That  Section  32-706, Idaho Code, be, and the same is hereby
14    amended to read as follows:

15        32-706.  CHILD SUPPORT. (1) In a proceeding for divorce or child  support,
16    the  court may order either or both parents owing a duty of support to a child
17    to pay an amount reasonable or necessary for his or her support and  education
18    until  the child is eighteen (18) years of age, without regard to marital mis-
19    conduct, after considering all relevant factors which may include:
20        (a)  The financial resources of the child;
21        (b)  The financial resources, needs, and obligations of both the custodial
22        and noncustodial parents which ordinarily shall  not  include  a  parent's
23        community property interest in the financial resources or obligations of a
24        spouse who is not a parent of the child, unless compelling reasons exist;
25        (c)  The standard of living the child enjoyed during the marriage;
26        (d)  The  physical  and emotional condition and needs of the child and his
27        or her educational needs;
28        (e)  The availability of medical coverage  for  the  child  at  reasonable
29        cost;
30        (f)  The  actual  tax benefit recognized by the party claiming the federal
31        child dependency exemption.
32        (2)  If the child continues his   formal      high  school
33      education  subsequent  to reaching the age of eighteen (18) years, the
34    court may, in its discretion, and after considering all relevant factors which
35    include those set forth in subsection (1) of this section, order the continua-
36    tion of support payments until the child discontinues his    high  school
37      education  or  reaches  the  age  of nineteen (19) years, whichever is
38    sooner.
39        (3)   Any child support order issued or modified under  this  section
40    after  July 1, 1986, shall contain a provision allowing the obligee to enforce
41    the order by income withholding if arrearages at least equal  to  the  support
42    payable  for  one  (1) month accumulate under the order; and shall include the
43    notice required in section 32-1205, Idaho Code, advising the obligor that  the
44    obligee can seek enforcement of the order by means of a mandatory income with-
45    holding  order  issued  pursuant to this chapter without further notice to the
46    obligor whenever there are arrearages at least equal to  the  support  payment
47    for one (1) month   All child support orders shall notify the obli-
48    gor  that the order will be enforced by income withholding pursuant to chapter
49    12, title 32, Idaho Code . Failure to include this  provision  does  not
50    affect  the validity of the support order.  If the social security number
51    of the person obligated to make child support payments under the support order
52    or decree is available, t  T he court shall require that  the
53    social  security  number  s  of  both  the obligor 


                                          5

 1    and obligee  be included in the order or decree.
 2        (4)  In a proceeding for the support of a child  or  a  minor  parent  the
 3    court may order the parent(s) of each minor parent to pay an amount reasonable
 4    or  necessary  for  the  support  and education of the child born to the minor
 5    parent(s) until the minor parent is eighteen (18) years of age, after  consid-
 6    ering all relevant factors which may include:
 7        (a)  The financial resources of the child;
 8        (b)  The financial resources of the minor parent;
 9        (c)  The  financial  resources, needs and obligations of the parent of the
10        minor parent;
11        (d)  The physical and emotional condition and needs of the child  and  his
12        or her educational needs; and
13        (e)  The  availability  of  medical  coverage  for the child at reasonable
14        cost.

15        SECTION 6.  That Section 32-710A, Idaho Code, be, and the same  is  hereby
16    amended to read as follows:

17        32-710A.  SUPPORT PAYMENTS PAID TO  CLERK OR  THE DEPARTMENT OF
18    HEALTH AND WELFARE .   -- PROSECUTING ATTORNEY TO ENFORCE PAY-
19    MENTS.    A.    Effective October 1, 1998, a  A ll
20    payments for  child  support ordered  pursuant  to  any  decree  of
21    divorce , separate maintenance  or other order for support shall be
22    paid  ,   to the clerk of the district court which entered the
23    order or decree requiring the same,  unless otherwise ordered  by  
24    said      the    court,    or  upon provision of support
25    enforcement services pursuant to section 56-203A, Idaho Code,    to  the
26    department  of  health  and  welfare. The  clerk or the  department
27    shall keep a record of payments made under said order or decree and shall
28    , within two (2) business days of receipt of  such  payment,    transmit
29    said  payments  to  the  person  or persons entitled thereto by virtue of said
30    order or decree. Whenever a child is in the  physical  care  of  a  person  or
31    entity other than its parents and the department of health and welfare is pro-
32    viding    child    support   enforcement  services under
33    title IV-D of the social security  act,  the  department  may,  after  written
34    notice to the obligor and obligee and the opportunity for hearing set forth in
35    paragraphs  1.  through 3. of this subsection transmit payments under an order
36    of support for said child to the person or entity who  has  physical  care  of
37    said  child, without further order of the court, whether or not such person or
38    entity is the obligee under the support order.
39        1.  The department shall send notice of its intent to transmit child  sup-
40        port  payments  to the person or entity who has physical care of the child
41        by registered or certified mail to the last known address of  the  obligor
42        and obligee under an order for support of the child.
43        2.  The  obligor and obligee may file a written objection to the transmit-
44        tal of child support payments with a court of proper  jurisdiction  within
45        fourteen  (14)  days  from the date the notice of transmittal is mailed. A
46        copy of the written objection shall be sent to the  department  of  health
47        and welfare , bureau of child support services .
48        3.  After hearing in a court of proper jurisdiction and entry of an order,
49        or  if no written objection is made by the obligor or obligee, the depart-
50        ment may transmit the payments under an order of support for the child  to
51        the person or entity who has physical care of the child.
52        B.    On  any  order or decree not receiving support enforcement ser-
53    vices from the department of health and welfare, said clerk shall  notify  the


                                          6

 1    prosecuting  attorney of the county in which the order or decree is entered of
 2    any failure to comply with the terms of payments specified by any  such  order
 3    or  decree,  and  said prosecuting attorney shall be responsible for enforcing
 4    said order or decree as follows:
 5        1.  If the person required to pay resides in the county in which the order
 6        or decree was entered, the prosecuting attorney shall institute  appropri-
 7        ate action to enforce the order or decree.
 8        2.  If the person required to pay resides outside the state, the prosecut-
 9        ing  attorney  shall  institute proceedings through the Uniform Reciprocal
10        Enforcement of Support Act.
11        3.  If the person required to pay resides in  some  other  county  in  the
12        state,  the  prosecuting  attorney shall make such showing to the district
13        court which entered the order or decree and  upon  further  order  of  the
14        court  shall  forward two (2) certified copies of the order or decree with
15        all modifications together with two (2) certified copies  of  the  payment
16        record  to the clerk of the district court of the county in which the per-
17        son required  to pay resides. Said clerk shall file  and  docket  one  (1)
18        copy of the order or decree and payment record without fee and deliver the
19        other  copies  to the prosecuting attorney of that county who shall insti-
20        tute appropriate action to enforce the order or decree.
21        C.  Upon the filing and docketing of the certified copies of the order  or
22    decree  and payment record, said order or decree shall be enforced, and may be
23    modified as to the amount of payment required, by the district court  in  that
24    county as if originally entered in that county. The procedure for the enforce-
25    ment  or modification of said order or decree as to amount of payment shall be
26    the same as in the case of an order  or  decree  originally  entered  in  that
27    court,  including the power to punish the person required to pay for contempt.
28    Any payments made as a result of proceedings in that court shall  be  made  as
29    provided  in  subsection A. and the clerk or the department of health and wel-
30    fare shall keep a record of such payments and shall transmit said payments  to
31    the person or persons entitled thereto by virtue of said order or decree.
32        D.  If  the  district court in a county other than the county in which the
33    order or decree is entered modifies the order or decree as to  the  amount  of
34    payment  required,  the clerk of that court shall send a certified copy of the
35    order modifying the original order or decree to the clerk of the court in  the
36    county  in  which  the  order  or decree was originally entered and the latter
37    clerk shall file the same in the action in which the original order or  decree
38    was entered.
39        E.  If the person required to pay changes his residence from any county to
40    which  certified  copies  of  the order or decree and payment record have been
41    forwarded as herein provided, and the prosecuting attorney of that county dis-
42    covers that the defendant resides in another county of this state, the  prose-
43    cuting  attorney  shall make such showing to the district court and upon order
44    of the court shall forward the entire file to the clerk of the district  court
45    of the county where the defendant resides, where the same proceedings shall be
46    had for enforcement or modification as herein provided.
47        F.  When  the  department  of  health  and  welfare  is  providing support
48    enforcement services and the support order or decree  directs  payment  to  be
49    made  through  the clerk of the court or any entity other than the department,
50    the department shall:
51        1.  Make reasonable attempts to  provide  written  notice  to  the  person
52        required  to  pay when support payments shall be made to the department of
53        health and welfare and again when payments to the department are to cease.
54        2.  Provide written notice to the clerk in the county where payments  were
55        required  to be paid when support payments shall be paid to the department


                                          7

 1        of health and welfare, and any payments subsequently received by the clerk
 2        shall be forwarded to the department.
 3        3.  Maintain a record of payments made under  said  order  or  decree  and
 4        transmit  the payments to the person or persons entitled thereto by virtue
 5        of said order or decree or the assignment of rights thereof.
 6        4.  Provide written notice to the clerk in the county where payments  were
 7        last  required  to  be  paid together with two (2) certified copies of the
 8        department of health and welfare's payment record  when  payments  to  the
 9        department are to cease.
10        G.  Any  support  order  or  decree  issued or modified under this section
11    shall contain a provision allowing the obligee to enforce the order or  decree
12    by  income  withholding  and  shall  include  the  notice  required in section
13    32-1205, Idaho Code, advising the obligor that the obligee can  seek  enforce-
14    ment  of  the order or decree by means of a mandatory income withholding order
15    issued pursuant to this chapter without further notice to the  obligor  
16      Any  person  entitled to receive child support payments pursuant to any
17    decree of divorce or other order for support may make application for enforce-
18    ment services to the department of health and welfare as provided  in  section
19    56-203A, Idaho Code, when child support is not being paid as ordered .
20          C.  All  child  support orders shall provide that the order will be
21    enforced by income withholding pursuant to chapter 12, title 32,  Idaho  Code.
22       Failure to include this provision does not affect the validity of the
23    support order or decree.  If the social security  number  of  the  person
24    obligated to make support payments under the support order or decree is avail-
25    able,  t    T he court shall require that the social security
26    number s  of  both  the obligor  and obligee 
27    be included in the order or decree.

28        SECTION 7.  That Section 32-1202, Idaho Code, be, and the same  is  hereby
29    amended to read as follows:

30        32-1202.  DEFINITIONS.  Unless the context clearly requires otherwise, the
31    definitions in this section apply throughout this chapter:
32        (1)   "Business day" means a day on which state offices are open  for
33    regular business.
34        (2)  "Child  support services" means support enforcement or collection and
35    disbursement services.
36        (3)   "Current support" means the present month's  required  support
37    pursuant  to  an  order  that  is  to be paid in increments, excluding amounts
38    ordered to satisfy a delinquency.
39         (4)  "Delinquency" means the  amount  of  unpaid  support  that  has
40    accrued  from  the date a child support order is entered or an amount due on a
41    judgment for support for a prior period.
42        (5)  "Department" means the department of health and welfare. 
43        ( 2  6 )  "Dependent child" means any child for whom
44    a support order has been established or for whom a duty of support is owed.
45        ( 3  7 )  "Disposable earnings" mean  s  
46    that  part of the earnings of an individual remaining after the deduction from
47    those earnings of any amount required by law to be withheld.
48        ( 4  8 )  "Duty of support" means the duty  to  pro-
49    vide for the needs of a dependent child, which may include the costs of neces-
50    sary  food,  clothing,  shelter,  education,  and health care including health
51    insurance premiums for the child. The duty includes  any  obligation  to  make
52    monetary  payment, to pay expenses or to reimburse another person or an agency
53    for the cost of necessary support furnished a dependent child. The duty may be


                                          8

 1    imposed by court order, by operation of law, or otherwise.
 2        ( 5  9 )  "Earnings" mean s  compensation  paid
 3    or  payable  for personal services, whether denominated as wages, salary, com-
 4    mission, bonus, or otherwise, and includes periodic  payments  pursuant  to  a
 5    pension  or retirement program   any form of payment to an individ-
 6    ual, regardless of source, including,  but  not  limited  to,  wages,  salary,
 7    bonus, commission, compensation for services rendered or goods sold, compensa-
 8    tion  as an independent contractor; and notwithstanding any other provision of
 9    law making the payments exempt from garnishment, attachment, or other  process
10    to satisfy support obligations, specifically includes periodic payments pursu-
11    ant  to pension and annuity or retirement programs, or disability or insurance
12    policies of any type, with the following exceptions:
13        (a)  Payments made under chapter 13, title 72, Idaho Code, shall be exempt
14        from the provisions of this chapter, and shall only be  withheld  pursuant
15        to the provisions of section 72-1365, Idaho Code, and chapter 12, title 7,
16        Idaho Code;
17        (b)  Payments  made under chapter 8, title 72, Idaho Code, shall be exempt
18        from the provisions of this chapter, and shall only be  withheld  pursuant
19        to  the provisions of section 72-802, Idaho Code, and chapter 12, title 7,
20        Idaho Code;
21        (c)  Payments made under title 56, Idaho Code, shall be  exempt  from  the
22        provisions of this chapter .
23        (  6    10  )  "Employer" includes the United States
24    government, a state or local unit of government, and any person or entity  who
25    pays or owes income to the obligor.
26        (  7  11 )  "Income" means any form of periodic pay-
27    ment to an individual, regardless of source, including, but  not  limited  to,
28    wages,  salary, bonus, commission, compensation for services rendered or goods
29    sold, compensation as an independent contractor; and notwithstanding any other
30    provision of law making the payments exempt from garnishment,  attachment,  or
31    other  process  to satisfy support obligations, specifically includes periodic
32    payments pursuant to pension and annuity or retirement programs, or disability
33    or insurance policies of any type, with the following exceptions:
34        (a)   Unemployment compensation p   P  ayments  made
35        under  chapter  13,  title 72, Idaho Code, shall be exempt from the provi-
36        sions of this chapter, and shall only be withheld pursuant to  the  provi-
37        sions of section 72-1365, Idaho Code, and chapter 12, title 7, Idaho Code;
38        (b)    Worker's compensation p  P ayments made under
39        chapter 8, title 72, Idaho Code, shall be exempt from  the  provisions  of
40        this  chapter,  and  shall  only be withheld pursuant to the provisions of
41        section 72-802, Idaho Code, and chapter 12, title 7, Idaho Code;
42        (c)   Public assistance p    P  ayments  made  under
43        title 56, Idaho Code, shall be exempt from the provisions of this chapter.
44        (  8  12 )  "Obligee" means any person, state agency
45    or bureau entitled by order to receive child support  payments  or  child  and
46    spousal support payments, or the person or agency to whom the right to receive
47    or collect support has been assigned.
48        (  9    13 ) "Obligor" means any person obligated by
49    order to pay child or spousal support.
50        (1 0  4 ) "Spousal support" means a legally enforce-
51    able obligation assessed against an individual for the support of a spouse  or
52    former  spouse  who is living with a child or children for whom the individual
53    also owes support.
54        (1 1  5 ) "Support order" means a judgment,  decree,
55    or order issued by a magistrate or district court of the state of Idaho creat-


                                          9

 1    ing  a  duty  of support for a minor child, spouse or former spouse, as herein
 2    defined; or a judgment, decree, order or administrative  ruling  issued  by  a
 3    court  or agency of competent jurisdiction in another state or country, creat-
 4    ing a duty of support for a minor child, spouse or former  spouse,  as  herein
 5    defined,  which  has  been  registered  or  otherwise made enforceable in this
 6    state.

 7        SECTION 8.  That Section 32-1205, Idaho Code, be, and the same  is  hereby
 8    amended to read as follows:

 9        32-120  5   4 .   MANDATORY   NOTICE
10    OF IMMEDIATE  INCOME WITHHOLDING. (1)  Any support order or  decree
11    issued  or modified after July 1, 1986, shall include a provision allowing the
12    obligee to enforce the order or decree by income withholding if arrearages  at
13    least  equal  to  the  support  payable for one (1) month accumulate under the
14    order or decree; and shall include a statement in substantially the  following
15    form:
16                             NOTICE OF INCOME WITHHOLDING
17             This  support  order  is enforceable by income withholding under
18        chapter 12, title 32, Idaho Code. Whenever there  are  arrearages  at
19        least  equal  to  the  support payment for one (1) month, a mandatory
20        income withholding order may be issued by the court to your  employer
21        or other person who pays you income, without prior notice to you.
22             It  is  not  necessary  for  the  obligee  to  apply for support
23        enforcement services under title IV-D of the social security act  (42
24        U.S.C.  651  et  seq.) to obtain enforcement of this support order by
25        means of income withholding.
26      The court shall order income withholding in  all  support  orders
27    effective  the  date  of the order unless an exception is granted by the court
28    pursuant to subsection (2) of this section. All support  orders  shall  notify
29    the  obligor  that income withholding shall be enforced by a withholding order
30    issued to the obligor's employer, without additional notice  to  the  obligor.
31    
32        (2)    Any  support order or decree issued or modified at the request
33    of the department of health and welfare after July 1, 1990, and any other sup-
34    port order or decree issued or modified after December 31, 1993, shall provide
35    for automatic and immediate income withholding by the obligee as of the effec-
36    tive date of the order or decree except where     Immediate  income
37    withholding shall not be ordered if :
38        (a)  One  (1)  of  the parties demonstrates and the court makes a specific
39        written finding that there is good cause not to require  immediate  income
40        withholding.  A  finding of good cause by the court must be based on, at a
41        minimum:
42             (i)   A written determination and  explanation  of  why  implementing
43             immediate  withholding  would  not  be  in  the best interests of the
44             child; and
45             (ii)  Proof of timely payment of previously ordered support in  cases
46             involving the modification of support orders; or
47        (b)  A  written  agreement  is reached between the obligor and obligee and
48        the  state of Idaho,  department  of health  and  welfare,
49        bureau  of  child support enforcement  in cases where the department
50        is providing child support  enforcement  services,  which  pro-
51        vides  for an alternative arrangement, and such agreement is determined by
52        the court to be in the best interests of the child.
53     The order or decree shall include a statement in substantially the  fol-


                                          10

 1    lowing form:
 2                 NOTICE OF AUTOMATIC AND IMMEDIATE INCOME WITHHOLDING
 3             This  support  order  is  enforceable by automatic and immediate
 4        income withholding as of the effective date of this order under chap-
 5        ter 12, title 32, Idaho Code. This  automatic  and  immediate  income
 6        withholding  order  shall  be  issued by the department of health and
 7        welfare or other obligee to your employer or other  person  who  pays
 8        your income, without additional notice to you. 
 9        (3)  Failure  to    include these provisions   provide for
10    income withholding  does not affect the validity of  the  support  order
11     or decree. If the social security number of the person obligated to make
12    child  support  payments  under  the support order or decree is available, the
13    court shall require that the social security number of the obligor be included
14    in the order or decree.
15        (4)  If one of the exceptions to immediate income withholding pursuant  to
16    the  provisions  of  subsection  (2)(a) or (2)(b) of this section are met, the
17    order shall nevertheless include a provision allowing the obligee  to  enforce
18    the  order or decree by income withholding if arrearages at least equal to the
19    support payable for one (1) month accumulate under the order  or  decree;  and
20    shall  include  a statement in substantially the form of the "Notice of Income
21    Withholding" specified in subsection (1) of this section .

22        SECTION 9.  That Chapter 12, Title 32, Idaho Code, be,  and  the  same  is
23    hereby  amended  by  the addition thereto of a  NEW SECTION , to be
24    known and designated as Section 32-1205, Idaho Code, and to read as follows:

25        32-1205.  INCOME WITHHOLDING UPON A DELINQUENCY. If a support  order  does
26    not  include  immediate  income  withholding, the obligor is subject to income
27    withholding upon a delinquency at least equal to the child support payment for
28    one (1) month, without the need for a judicial or administrative hearing.

29        SECTION 10.  That Section 32-1206, Idaho Code, be, and the same is  hereby
30    amended to read as follows:

31        32-1206.    REQUEST  FOR  MANDATORY   JUDICIAL PROCEEDINGS
32    FOR  INCOME WITHHOLDING. (1)  A proceeding to  enforce  a  duty  of
33    support is commenced:
34        (a)  By filing a petition or complaint for an original action; or
35        (b)  By motion in an existing action or under an existing case number.
36        (2)  Venue for the action is in the district court of the county where the
37    dependent child resides or is present, where the obligor resides, or where the
38    prior  support  order  was entered. The petition or motion may be filed by the
39    obligee, the state, or any agency providing care or support to  the  dependent
40    child.
41        (3)  A  filing fee shall not be assessed in cases brought on behalf of the
42    state of Idaho.
43        (4)   A petition or motion  seeking a  mandatory  income  with-
44    holding  order in an action under section 32-1204, Idaho Code, may be filed by
45    an obligee whenever there are arrearages at least equal to the  child  support
46    payment for one (1) month. The petition or motion  shall include a sworn
47    statement  by  the  obligee, stating the facts authorizing the issuance of the
48    income withholding order,  including     pursuant  to  section
49    32-1204 or 32-1205, Idaho Code, and :
50        (a)    That  the  obligor, stating his or her   The 
51        name,  residence   address  ,  and  social  security


                                          11

 1        number , is in arrears under a support order in an amount equal to or
 2        greater  than  the  support  payable for one (1) month   of the
 3        obligor ;
 4        (b)  A  description of the terms   copy  of the sup-
 5        port order  requiring the payment of support, and the amount past due
 6        ;
 7        (c)  The name and address of the obligor's employer;
 8        (d)   That the support order includes a provision which complies with
 9        section 32-1205, Idaho Code, allowing enforcement by  income  withholding,
10        and  that  a  copy of the order is attached   The amount of any
11        delinquency ; and
12        (e)  In cases not filed by the state, whether  the  obligee  has  received
13        public  assistance  from  any source on behalf of the minor child, and, if
14        so, from which source(s).
15         (2)  Effective January 1, 1994, a  petition  or  motion  seeking  an
16    immediate  income  withholding order in an action under section 32-1204, Idaho
17    Code, may be filed by an obligee or obligor regardless of  whether  arrearages
18    have  accrued  under the support order. The petition or motion shall include a
19    sworn statement by the obligee, stating the facts authorizing the issuance  of
20    the income withholding order, including:
21        (a)  That  the  obligor,  stating  his  or her name, residence, and social
22        security number, owes a duty of support under a support order;
23        (b)  A description of the terms of the support order requiring the payment
24        of support, and the amount past due, if any;
25        (c)  The name and address of the obligor's employer;
26        (d)  That the support order includes a provision which complies with  sec-
27        tion  32-1205,  Idaho Code, allowing enforcement by immediate income with-
28        holding, and that a copy of the order is attached; and
29        (e)  In cases not filed by the state, whether  the  obligee  has  received
30        public  assistance  from  any source on behalf of the minor child, and, if
31        so, from which source(s). 
32         (5)  Upon receipt of a petition or motion, the court shall issue  an
33    income  withholding  order pursuant to section 32-1204 or 32-1205, Idaho Code,
34    to the employer and shall provide a form for an answer to the income withhold-
35    ing order which shall be returned to the court within ten (10) days. The court
36    shall also order the employer to remit the amount withheld to  the  person  or
37    entity  designated  in  the income withholding order within seven (7) business
38    days after the date the amount would have been paid or credited to  the  obli-
39    gor. The department shall supply each county with forms for income withholding
40    orders  and  answers that comply with the rules promulgated by the department,
41    and which include:
42        (a)  The maximum amount of current support, if any, to  be  withheld  from
43        the obligor's earnings each month, or from each earnings disbursement; and
44        (b)  The  total  amount  of the arrearage or reimbursement judgment previ-
45        ously entered by the court, if any, together with interest, if any;
46        (c)  The amount of arrearage payments specified in the support  order,  if
47        any.
48        (6)  If  the  petition or motion indicates the obligee has received public
49    assistance from any source on behalf of a minor child, the clerk shall immedi-
50    ately forward a copy of the petition or the motion to the department.
51        (7)  The court retains continuing jurisdiction under  this  chapter  until
52    all  duties  of  support  of the obligor, including any delinquency, have been
53    satisfied or until the order is otherwise unenforceable. 

54        SECTION 11.  That Chapter 12, Title 32, Idaho Code, be, and  the  same  is


                                          12

 1    hereby  amended  by  the addition thereto of a  NEW SECTION , to be
 2    known and designated as Section 32-1207, Idaho Code, and to read as follows:

 3        32-1207.  ADMINISTRATIVE PROCEEDINGS FOR INCOME WITHHOLDING. Upon applica-
 4    tion by any obligee or obligor, the department may  order  income  withholding
 5    pursuant  to this chapter for payment of current support, any delinquency, and
 6    costs or fees pursuant to a support order as follows:
 7        (1)  If the support order provides for immediate income withholding pursu-
 8    ant to section 32-1204, Idaho Code, the department shall commence income with-
 9    holding.
10        (2)  If the support order does not provide for immediate income  withhold-
11    ing,  the department shall commence income withholding upon a delinquency, and
12    shall also notify the obligor:
13        (a)  Of the amount of the delinquency owed and the amount of income  with-
14        held;
15        (b)  That the provision applies to all subsequent employers;
16        (c)  Of the right to request an administrative review; and
17        (d)  That  the review is limited to mistakes of fact, which means an error
18        in the amount of current support or delinquency, or the  identity  of  the
19        alleged obligor, and that no issues may be considered that have been liti-
20        gated  previously. If the obligor requests an administrative review within
21        fourteen (14) days from the day the notice was mailed, the  collection  of
22        arrears by income withholding shall be stayed. The department shall review
23        the  income  withholding order within thirty-five (35) days, issue a deci-
24        sion and amend or void the income withholding  order,  if  necessary.  Any
25        amounts which are found to have been withheld in error due to a mistake of
26        fact  will  be  returned  to the obligor or credited towards the obligor's
27        future payments.

28        SECTION 12.  That Section 32-1212, Idaho Code, be, and the same is  hereby
29    amended to read as follows:

30        32-12  12  08 .  SERVICE OF INCOME WITHHOLDING ORDER
31     IN A JUDICIAL PROCEEDING . (1) The following items  and  documents
32    shall  be served on the employer personally or by any form of mail requiring a
33    return receipt:
34        (a)  Two (2) conformed copies of the income withholding order, one (1)  of
35        which is for the employer, and one (1) for the obligor;
36        (b)  Four   (4)  answer  forms  in  substantial  compliance  with  section
37        32-121 1  0 , Idaho Code;
38        (c)  Three (3) stamped envelopes provided by the obligee and addressed to,
39        respectively, the  clerk of the court  where  the  order  was  issued
40            person or entity designated in the income withholding order
41        , the obligee's attorney or the obligee, and the obligor.
42        (2)  On or before the date of service of the income withholding  order  on
43    the employer, the obligee shall mail or cause to be mailed by certified mail a
44    copy  of  the  income  withholding  order to the obligor at the obligor's last
45    known post - office address.

46        SECTION 13.  That Chapter 12, Title 32, Idaho Code, be, and  the  same  is
47    hereby  amended  by  the addition thereto of a  NEW SECTION , to be
48    known and designated as Section 32-1209, Idaho Code, and to read as follows:

49        32-1209.  SERVICE OF INCOME WITHHOLDING ORDER IN  AN  ADMINISTRATIVE  PRO-
50    CEEDING.  (1)  The  department  shall send the income withholding order to the


                                          13

 1    employer by certified mail.
 2        (2)  At the same time the withholding order is mailed to the employer, the
 3    department shall mail a copy of the income withholding order to the obligor at
 4    the obligor's last known post-office address.

 5        SECTION 14.  That Section 32-1210, Idaho Code, be, and the same is  hereby
 6    amended to read as follows:

 7        32-1210.  EMPLOYER'S  DUTIES AND RESPONSIBILITIES -- FEE FOR EMPLOYER. (1)
 8     An employer upon whom service of   Upon receiving    an
 9    income  withholding  order  has been made pursuant to this chapter 
10     from the court, the employer  shall answer the  income  with-
11    holding    order  on  forms  supplied  with the  income withholding
12     order within ten (10) days after the  date  of  service.  The  employer
13    shall deliver the original answer to the court, and shall mail one (1) copy to
14    the obligee or obligee's attorney, and  shall deliver  one (1) copy
15    to  the  obligor    as  soon as is reasonably possible . The answer
16    shall state whether the obligor is employed  by  or  receives    earnings
17       income  from the employer, whether the employer will honor
18    the  income withholding  order,  and  whether  there  are  multiple
19    child  support   income  withholding orders or garnishments against
20    the obligor.  Upon receiving an income withholding order from the depart-
21    ment, the employer shall begin income withholding pursuant  to  this  section.
22    
23        (2)    The  employer  shall  deliver a copy of the income withholding
24    order to the obligor as soon as is reasonably possible.
25        (3)   If the employer possesses  any    earnings    
26    income    due  and owing to the obligor, the  earnings  
27    income  subject to the income withholding order shall be withheld  imme-
28    diately upon receipt of the income withholding order. The withheld  earn-
29    ings     income  shall be delivered to the  clerk of the
30    court that issued the income withholding order at each regular  pay  interval,
31    but  the first delivery shall occur no sooner than ten (10) days after receipt
32    of the order   person or entity designated in the income  withhold-
33    ing  order within seven (7) business days after the date the amount would have
34    been paid or credited to the employee .
35         (3)  The total amount to be withheld  from  the  obligor's  earnings
36    each month, or from each earnings disbursement, shall not exceed fifty percent
37    (50%)  of  the  disposable  earnings of the obligor. If the amounts to be paid
38    toward the arrearage are specified in the  support  order,  then  the  maximum
39    amount to be withheld is the sum of the current support ordered and the amount
40    ordered to be paid toward the arrearage, or fifty percent (50%) of the dispos-
41    able  earnings of the obligor, whichever is less. In no event shall the amount
42    to be withheld from the earnings of the obligor exceed the amount specified in
43    section 11-207, Idaho Code.
44        (4)  When an employer receives  an  income  withholding  order  issued  by
45    another    state,  the  employer shall apply the income withholding law of the
46    state of the obligor's principal place of employment in determining:
47        (a)  The employer's fee for processing an income withholding order;
48        (b)  The maximum amount  permitted  to  be  withheld  from  the  obligor's
49        income;
50        (c)  The  time periods within which the employer must implement the income
51        withholding order and forward the child support payment;
52        (d)  The priorities for withholding and  allocating  income  withheld  for
53        multiple child support obligees; and


                                          14

 1        (e)  Any withholding terms or conditions not specified in the income with-
 2        holding order.
 3        (5)  If an obligor is subject to two (2) or more income withholding orders
 4    for  child  support  on  behalf of more than one (1) obligee, the employer may
 5    send the entire amount withheld from that obligor to the clerk  of  the  court
 6    or,  if the department is providing child support services on behalf of either
 7    obligee, to the department. If the department is providing child support  ser-
 8    vices,  the employer shall send the department a copy of each income withhold-
 9    ing order under which the obligor owes a support obligation. The clerk of  the
10    court  or the department shall apportion the amount of income withheld between
11    all obligees of the obligor as follows: the support obligation for the current
12    month shall be paid first. If the amount of nonexempt disposable income  with-
13    held  is  not  sufficient  to pay the total support obligation for the current
14    month for each obligee for whom there is  an  income  withholding  order,  the
15    amount  withheld  shall  be  divided between each obligee for whom there is an
16    income withholding order on a pro rata basis. If the amount of  the  nonexempt
17    disposable  earnings withheld is in excess of the total support obligation for
18    the current month for each obligee for whom there  is  an  income  withholding
19    order,  the  excess shall be divided between each obligee for whom there is an
20    income withholding order which includes withholding for any delinquency  on  a
21    pro rata basis unless otherwise ordered by a court. 
22        (  4    6 )  The employer shall continue to withhold
23    the ordered amounts from nonexempt  earnings    income  
24    of the obligor until notified by the court  or the department  that
25    the  income  withholding  order  has been modified or terminated. The employer
26    shall promptly notify the court    or  the  department    when  the
27    employee  is no longer employed, and of the employee's last known address, and
28    the name and address of his new employer, if known.
29        ( 5  7 )  The employer may deduct a processing  fee,
30    not  to  exceed  five dollars ($5.00), to cover the costs of each withholding.
31    Such fee is to be withheld from the obligor's income in addition to the amount
32     to be  withheld to satisfy the withholding order,  but  the  total
33    amount  withheld,  including  the fee, shall not exceed fifty percent (50%) of
34    the obligor's disposable income.
35        ( 6  8 )  The employer may combine amounts  withheld
36    from  various  employees for a particular entity in a pay period into a single
37    payment for that pay period, as long as the portion thereof which is attribut-
38    able to each individual employee is separately designated.
39         (7)  An employer may not discharge, discipline, or refuse to  employ
40    an obligor on the basis of an income withholding order issued under this chap-
41    ter.  If  an employer discharges, disciplines, or refuses to employ an obligor
42    because of an income withholding obligation, the obligor shall have a cause of
43    action against the employer. The employer  shall  be  liable  for  double  the
44    amount  of  lost wages and other damages suffered as a result of the violation
45    and for costs and reasonable attorney fees, and shall be subject  to  a  civil
46    penalty of up to three hundred dollars ($300) for each violation. In addition,
47    the  employer may also be ordered to  hire, rehire, or reinstate the aggrieved
48    obligor. 
49        ( 8  9 )  An order for income withholding  for  sup-
50    port  entered  under  this  chapter  shall  have  priority over any other wage
51    assignment or garnishment, except for another wage  assignment,  income  with-
52    holding order, or garnishment for child support.
53          (9)  No  employer  who  complies  with  an income withholding order
54    issued under this chapter may be liable to the employee for wrongful withhold-
55    ing. 


                                          15

 1        SECTION 15.  That Chapter 12, Title 32, Idaho Code, be, and  the  same  is
 2    hereby  amended  by  the addition thereto of a  NEW SECTION , to be
 3    known and designated as Section 32-1211, Idaho Code, and to read as follows:

 4        32-1211.  PENALTIES FOR EMPLOYERS. (1) An employer may not discharge, dis-
 5    cipline, or refuse to employ an obligor on the basis of an income  withholding
 6    order  issued  under this chapter.  If an employer discharges, disciplines, or
 7    refuses to employ an obligor because of an income withholding obligation,  the
 8    obligor  shall have a cause of action against the employer. The employer shall
 9    be liable for double the amount of lost wages and other damages suffered as  a
10    result  of the violation and for costs and reasonable attorney's fees, and may
11    be subject to a civil penalty of up to three hundred dollars ($300)  for  each
12    violation.  In  addition, the employer may also be ordered to hire, rehire, or
13    reinstate the aggrieved obligor.
14        (2)  An employer who knowingly fails to retain and remit to the department
15    an amount pursuant to the income withholding order  shall  be  liable  to  the
16    department  for  the amount to be retained specified in the income withholding
17    order and may be subject to a fine of up to one hundred dollars ($100),  which
18    is a debt due and owing to the department unless:
19        (a)  The  employer  notifies the department that the obligor is not in his
20        employ and the department verifies the obligor's nonemployment  and  with-
21        draws its income withholding order; or
22        (b)  The obligor's income is not sufficient and therefore the restrictions
23        in section 11-207, Idaho Code, apply and a lesser amount must be withheld.
24        (3)  No  employer  who  complies  with an income withholding order that is
25    regular on its face shall be subject to civil liability to any  individual  or
26    agency for conduct in compliance with the income withholding order.

27        SECTION  16.  That  Chapter  12, Title 32, Idaho Code, be, and the same is
28    hereby amended by the addition thereto of a  NEW SECTION  ,  to  be
29    known and designated as Section 32-1212, Idaho Code, and to read as follows:

30        32-1212.  IDENTIFYING  INFORMATION  -- FILING WITH TRIBUNAL AND CHILD SUP-
31    PORT SERVICES. Obligors and obligees shall file with the court or the  depart-
32    ment,  if  the  department  is  providing  child support services, identifying
33    information including social security number, residential and mailing address,
34    telephone number, driver's license number, and name,  address,  and  telephone
35    number  of their employer. Obligors and obligees shall provide written notifi-
36    cation of any changes within thirty (30) days after such change.

37        SECTION 17.  That Section 32-1215, Idaho Code, be, and the same is  hereby
38    amended to read as follows:

39        32-121   5    3  .  ORDER  FOR  PAYMENT  OF  MEDICAL
40    EXPENSES. (1) A proceeding to enforce a support order directing the payment of
41    medical expenses of a dependent child may be commenced as provided in  section
42    32-120 4  6 , Idaho Code.
43        (2)  The  petition  or  motion  may  be  filed  by an obligee when medical
44    expenses not otherwise covered by insurance have been incurred in  the  amount
45    of   one   hundred  dollars  ($100)  or  more,  or  when  insurance  premiums,
46    deductibles, or payments on submitted claims for which payment  or  reimburse-
47    ment is claimed to be due from the obligor equal or exceed one hundred dollars
48    ($100). The petition or motion shall include a sworn statement by the obligee,
49    stating the facts authorizing the issuance of the order, including:
50        (a)  An  itemization  of the medical expenses, including a specific refer-


                                          16

 1        ence to any insurance premiums,  deductibles,  or  payments  on  submitted
 2        claims for which payment or reimbursement is sought from the obligor;
 3        (b)  Whether such expenses have been submitted to any applicable insurance
 4        carrier or other third party payer and the results of such submission;
 5        (c)  That the obligor, stating his or her name, residence and social secu-
 6        rity  number has failed or refused to pay the medical expenses or to reim-
 7        burse the obligee therefor;
 8        (d)  A description of the terms of the support order requiring  payment of
 9        the medical expenses claimed to be due.
10        (3)  Upon the filing of a petition or motion and affidavit containing  the
11    information required in subsection (2) of this section, the clerk of the court
12    shall set a hearing thereon. The obligee shall serve a copy of the petition or
13    motion,  accompanying affidavit  and notice of hearing on the obligor at least
14    ten (10) days before the date set for hearing, by personal service  or  certi-
15    fied mail, pursuant to the Idaho rules of civil procedure.
16        (4)  After  hearing,  the court shall enter its order directing payment of
17    the specific sums, if any, for which the obligor is found  to  be  liable  for
18    previously  incurred  medical  expenses.  In addition, if the court determines
19    that some or all of the medical expenses of the dependent child are of an  on-
20    going  or  recurring nature and the anticipated amounts thereof are capable of
21    determination to the satisfaction of the court, the court may order payment to
22    the obligee of a specific sum per month toward such expenses.
23        (5)  For purposes of this section "medical expenses"  mean  s  
24    any  and  all  costs  and  expenses  related to the health care of a dependent
25    child, including insurance premiums and any deductible amounts, all or a  por-
26    tion  of which are ordered to be paid by the obligor in addition to any amount
27    awarded as child support, pursuant to a support order.

28        SECTION 18.  That Section 32-1216, Idaho Code, be, and the same is  hereby
29    amended to read as follows:

30        32-121 6  4 .  HEALTH INSURANCE COVERAGE -- ENFORCE-
31    MENT.  (1) Where a person is required by court or administrative order to pro-
32    vide health insurance coverage for a dependent child, that person is  eligible
33    for  family health coverage through an employer and fails to provide such cov-
34    erage or lets it lapse, the department  of health and welfare    or
35    other  obligee  may  seek  enforcement of the coverage order as provided under
36    this section.
37        (2)  (a) If the obligor parent's order to provide health insurance  cover-
38        age  contains  language notifying the obligor that failure to provide such
39        coverage may result in direct enforcement of the order and orders payments
40        through, or has been submitted to, the department  of health and wel-
41        fare  for enforcement, then the department  of health and  wel-
42        fare    may, without further notice to the obligor, send a notice of
43        intent to enroll to the  obligor's  employer  by  certified  mail,  return
44        receipt  requested.  The  notice  shall require the employer to enroll the
45        child in the health insurance plan as provided in subsection (3)  of  this
46        section.
47        (b)  If  the  obligor  parent's order to provide health insurance coverage
48        does not order payments through,  and  has  not  been  submitted  to,  the
49        department  of health and welfare :
50             (i)  The  obligee  may, without further notice to the obligor, send a
51             certified copy of the order requiring health  insurance  coverage  to
52             the  obligor's  employer by certified mail, return receipt requested;
53             and


                                          17

 1             (ii) The obligee shall attach a  notarized  statement  to  the  order
 2             declaring  that  the  order  is  the latest order addressing coverage
 3             entered by the court and require the employer to enroll the child  in
 4             the  health insurance plan as provided in subsection (3) of this sec-
 5             tion without regard to any enrollment season restrictions.
 6        (3)  Upon receipt of an order that provides for health insurance coverage,
 7    or a notice of intent to enroll:
 8        (a)  The obligor's employer shall answer the party who sent the  order  or
 9        notice within thirty (30) days and confirm that the child:
10             (i)  Has been submitted in the health insurance plan;
11             (ii) Cannot  be covered, stating the reasons why such coverage cannot
12             be provided.
13        (b)  The employer shall withhold any required premium  for  the  obligor's
14        dependents from the obligor's income or wages;
15        (c)  If  more  than one (1) plan is offered by the employer, and each plan
16        may be extended to cover the child, then the child shall  be  enrolled  in
17        the  obligor's plan. If the obligor's plan does not provide coverage which
18        is accessible to the child, the child  shall  be  enrolled  in  the  least
19        expensive plan otherwise available to the obligor parent;
20        (d)  The  employer  or insurer shall provide the name of the health insur-
21        ance coverage provider or insurer, the extent of  coverage  available  and
22        other  necessary information to the department  of health and welfare
23         or other obligee and shall make available any necessary claim forms
24        or enrollment membership cards.
25        (4)  If the order for coverage contains no language notifying the  obligor
26    that  failure  to  provide  health  insurance  coverage  may  result in direct
27    enforcement of the order, the department  of health and welfare  or
28    other obligee may serve a written notice of intent to enforce the order on the
29    obligor by certified mail, return receipt requested, or by  personal  service.
30    If  the  obligor  fails  to  provide written proof that such coverage has been
31    obtained or applied for within thirty (30) days of service of the  notice,  or
32    within  thirty  (30) days of coverage becoming available, the department 
33    of health and welfare  or other obligee may proceed to enforce the order
34    directly as provided in subsection (2) of this section.
35        (5)  If the obligor ordered to provide health insurance coverage elects to
36    provide coverage that will not be accessible to  the  child  because  of  geo-
37    graphic  or other limitations when accessible coverage is otherwise available,
38    the department  of health and welfare  or other obligee may serve a
39    written notice of intent to enroll the child in health insurance  coverage  on
40    the obligor by certified mail, return receipt requested. The notice shall also
41    specify the type and cost of coverage.
42        (6)  If  the department  of health and welfare  serves a notice
43    under subsection (5) of this section, the obligor may, within thirty (30) days
44    of the date of service:
45        (a)  File an application for an administrative hearing; or
46        (b)  Provide written proof to the department  of health  and  welfare
47          that  the  obligor  has  either  applied for, or obtained coverage
48        accessible to the child.
49        (7)  If an obligee other than the department  of health  and  welfare
50     serves a notice under subsection (5) of the section, within thirty (30)
51    days  of  the  date of service, the obligor shall provide written proof to the
52    obligee that the obligor has either applied for, or obtained, coverage  acces-
53    sible to the child.
54        (8)  If  the  obligor fails to respond to a notice served under subsection
55    (5) of this section to the party who served the notice, the party  who  served


                                          18

 1    the  notice  may  enroll  the obligor's child in the health insurance coverage
 2    specified in the notice directly. The employer shall withhold  the  amount  of
 3    the premium from the income of the obligor. The amount to be withheld from the
 4    income of the obligor shall not exceed the amount specified in section 11-207,
 5    Idaho  Code.  The employer shall forward the amount of premium withheld to the
 6    insurance provider.
 7        (9)  If the coverage is terminated or amended, the employer shall  mail  a
 8    notice  of termination or amendment to the department  of health and wel-
 9    fare  or other obligee at the obligee's last known address within forty-
10    five (45) days of the termination date.
11        (10) This section shall not be construed to limit the right of the obligor
12    or the obligee to bring an action in court at any time to enforce,  modify  or
13    clarify the original support order.
14        (11) If  the  amount  of  the obligor's income or wages which are withheld
15    under subsection (3)(b) of this section is insufficient to pay the premium for
16    the dependents,  the obligor shall, nevertheless, be responsible  for  payment
17    of the premium.
18        (12) The  employer  shall  not disenroll or eliminate coverage of any such
19    child unless:
20        (a)  The employer has been provided satisfactory written evidence that the
21        order requiring such health care coverage is no longer in effect; or
22        (b)  The employer has received confirmation that the child is enrolled  in
23        other comparable health care coverage; or
24        (c)  The  employer  has  eliminated  family health coverage for all of its
25        employees; or
26        (d)  The employee upon whose employment the health  coverage  is  premised
27        has  ceased employment with the employer and reasonable measures have been
28        taken to give notice to the parents or guardians of the child.

29        SECTION 19.  That Chapter 12, Title 32, Idaho Code, be, and  the  same  is
30    hereby  amended  by  the addition thereto of a  NEW SECTION , to be
31    known and designated as Section 32-1215, Idaho Code, and to read as follows:

32        32-1215.  TERMINATION OF INCOME WITHHOLDING UPON OBLIGOR'S REQUEST. (1) An
33    obligor whose income is subject to withholding upon a delinquency  under  this
34    chapter  may request a hearing to quash, modify, or terminate the withholding,
35    by filing a motion requesting such relief before the court  which  issued  the
36    income  withholding  order. A copy of the motion and a notice of hearing shall
37    be served upon the obligee at least five (5) days before the date set for  the
38    hearing, by personal service or certified mail, pursuant to the Idaho rules of
39    civil procedure.
40        (2)  In  a  hearing  to quash, modify, or terminate the income withholding
41    order, the court may grant relief only upon a  showing  by  the  obligor  that
42    there  is  a substantial probability that the obligor would suffer irreparable
43    injury and that the obligee would not suffer irreparable injury.  Satisfaction
44    by  the  obligor  of  any delinquency subsequent to the issuance of the income
45    withholding order is not grounds to quash, modify,  or  terminate  the  income
46    withholding order.
47        (3)  If  an income withholding order has been in operation for twelve (12)
48    consecutive months and the obligor's support obligation is current, the  court
49    may  terminate  the  order  upon motion of the obligor, unless the obligee can
50    show good cause as to why  the  income  withholding  order  should  remain  in
51    effect.
52        (4)  No  order  to quash, modify, or terminate an income withholding order
53    shall be issued unless the obligor provides proof to the court that the  obli-


                                          19

 1    gee  has been served with a copy of the motion and notice for hearing five (5)
 2    days prior to the hearing, or that service is impossible because  the  obligee
 3    has  moved and failed to provide the court with a current address, as required
 4    by section 32-1212, Idaho Code.

 5        SECTION 20.  That Chapter 12, Title 32, Idaho Code, be, and  the  same  is
 6    hereby  amended  by  the addition thereto of a  NEW SECTION , to be
 7    known and designated as Section 32-1216, Idaho Code, and to read as follows:

 8        32-1216.  TERMINATION OR MODIFICATION OF INCOME WITHHOLDING UPON OBLIGEE'S
 9    REQUEST. The court may quash, modify or terminate an income withholding  order
10    upon  written request therefor by the obligee, unless the court finds that the
11    termination would not be in the best interests of the dependent child.

12        SECTION 21.  That Chapter 12, Title 32, Idaho Code, be, and  the  same  is
13    hereby  amended  by  the addition thereto of a  NEW SECTION , to be
14    known and designated as Section 32-1217, Idaho Code, and to read as follows:

15        32-1217.  TERMINATION OF INCOME WITHHOLDING BY THE  COURT  IN  A  JUDICIAL
16    PROCEEDING.  If the clerk is unable to deliver payments under the income with-
17    holding order for a period of three (3) months due to the failure of the obli-
18    gee to notify the clerk of a change of address, the court shall terminate  the
19    income  withholding  order,  and shall mail a copy of the termination order to
20    the employer and to the obligor. The court shall return all undeliverable pay-
21    ments to the obligor.

22        SECTION 22.  That Section 41-2145, Idaho Code, be, and the same is  hereby
23    amended to read as follows:

24        41-2145.  HEALTH  INSURANCE  COVERAGE FOR DEPENDENT CHILDREN. (1)  Where a
25    person is required by a court or administrative order to provide health insur-
26    ance coverage for a dependent child, that person is eligible for family health
27    coverage through a disability insurance policy, and fails to provide such cov-
28    erage or lets it lapse, the department of health and welfare or other  obligee
29    may  seek  enforcement  of  the coverage order as provided under this section,
30    except as provided in subsection (13) of this section.
31        (2)  (a)  If the obligor parent's order to provide health insurance cover-
32        age contains language notifying the obligor that failure to  provide  such
33        coverage may result in direct enforcement of the order and orders payments
34        through,  or  has  been submitted to, the department of health and welfare
35        for enforcement, then the department of health and  welfare  may,  without
36        further  notice  to  the obligor, send a notice of intent to enroll to the
37        obligor's insurer by certified mail, return receipt requested. The  notice
38        shall require the insurer to enroll the child in the health insurance plan
39        as provided in subsection (3) of this section.
40        (b)  If  the  obligor  parent's order to provide health insurance coverage
41        does not order payments through,  and  has  not  been  submitted  to,  the
42        department of health and welfare:
43             (i)   The  obligee may, without further notice to the obligor, send a
44             certified copy of the order requiring health  insurance  coverage  to
45             the  obligor's  insurer  by certified mail, return receipt requested;
46             and
47             (ii)  The obligee shall attach a notarized  statement  to  the  order
48             declaring  that  the  order  is  the latest order addressing coverage
49             entered by the court and require the insurer to enroll the  child  in


                                          20

 1             the  health insurance plan as provided in subsection (3) of this sec-
 2             tion without regard to any enrollment season restrictions.
 3        (3)  Upon receipt of an order that provides for health insurance coverage,
 4    or a notice of intent to enroll:
 5        (a)  The obligor's insurer shall answer the party who sent  the  order  or
 6        notice within thirty (30) days and confirm that the child:
 7             (i)   Has been submitted in the health insurance plan; or
 8             (ii)  Cannot be covered, stating the reasons why such coverage cannot
 9             be provided.
10        (b)  The  employer  shall  withhold any required premium for the obligor's
11        dependents from the obligor's income or wages;
12        (c)  If more than one (1) plan is offered by the insurer,  and  each  plan
13        may  be  extended  to cover the child, then the child shall be enrolled in
14        the obligor's plan. If the obligor's plan does not provide coverage  which
15        is  accessible  to  the  child,  the  child shall be enrolled in the least
16        expensive plan otherwise available to the obligor;
17        (d)  The insurer shall provide the name of the health  insurance  coverage
18        provider  or insurer, the extent of coverage available and other necessary
19        information to the department of health and welfare or other  obligee  and
20        shall  make  available  any necessary claim forms or enrollment membership
21        cards.
22        (4)  If the order for coverage contains no language notifying the  obligor
23    that  failure  to  provide  health  insurance  coverage  may  result in direct
24    enforcement of the order, the department of health and welfare or other  obli-
25    gee  may  serve a written notice of intent to enforce the order on the obligor
26    by certified mail, return receipt requested, or by personal  service.  If  the
27    obligor fails to provide written proof that such coverage has been obtained or
28    applied for within thirty (30) days of service of the notice, or within thirty
29    (30) days of coverage becoming available, the department of health and welfare
30    or other obligee may proceed to enforce the order directly as provided in sub-
31    section (2) of this section.
32        (5)  If the obligor ordered to provide health insurance coverage elects to
33    provide coverage that will not be accessible to the child when accessible cov-
34    erage  is  otherwise  available, the department of health and welfare or other
35    obligee may serve a written notice  of intent to enroll the  child  in  health
36    insurance coverage on the obligor by certified mail, return receipt requested.
37    The notice shall also specify the type and cost of coverage.
38        (6)  If the department of health and welfare serves a notice under subsec-
39    tion (5) of this section, the obligor may, within thirty (30) days of the date
40    of service:
41        (a)  File an application for an administrative hearing; or
42        (b)  Provide  written  proof  to the department of health and welfare that
43        the obligor has either applied for, or obtained coverage accessible to the
44        child.
45        (7)  If an obligee other than the department of health and welfare  serves
46    a  notice under subsection (5) of this section, within thirty (30) days of the
47    date of service, the obligor shall provide written proof to the  obligee  that
48    the  obligor  has  either applied for, or obtained, coverage accessible to the
49    child.
50        (8)  If the obligor fails to respond to a notice served  under  subsection
51    (5)  of  this section to the party who served the notice, the party who served
52    the notice may enroll the obligor's child in  the  health  insurance  coverage
53    specified  in the notice directly. The amount of the premium shall be withheld
54    from the income of the obligor. The amount to be withheld from the  income  of
55    the  obligor  shall  not  exceed the amount specified in section 11-207, Idaho


                                          21

 1    Code. The employer shall forward the amount of premium withheld to the  insur-
 2    ance provider.
 3        (9)  If  the  coverage  is terminated or amended, the insurer shall mail a
 4    notice of termination or amendment to the department of health and welfare  or
 5    other  obligee at the obligee's last known address within forty-five (45) days
 6    of the termination date.
 7        (10) The provisions of this section shall not be construed  to  limit  the
 8    right of the obligor or the obligee to bring an action in court at any time to
 9    enforce, modify or clarify the original support order.
10        (11) If  the  amount  of  the obligor's income or wages which are withheld
11    under subsection (3)(b) of this section is insufficient to pay the premium for
12    the dependents, the obligor shall, nevertheless, be responsible for payment of
13    the premium.
14        (12) An insurer shall not deny enrollment of a child under the health cov-
15    erage of the child's parent for the reason that:
16        (a)  The child was born out of wedlock; or
17        (b)  The child is not claimed as  a  dependent  on  the  parent's  federal
18        income tax return; or
19        (c)  The child does not reside with the parent or in the insurer's service
20        area.
21        (13) In  any  case in which a parent is required by a court or administra-
22    tive order to provide health insurance coverage for a child and the parent  is
23    eligible for family health coverage through an insurer, the insurer shall per-
24    mit  such  parent,  the other parent of the child, or the department of health
25    and welfare to enroll under such family coverage, as specified  under  section
26    32-121  6   4 , Idaho Code, any such child who is other-
27    wise eligible for such  coverage  without  regard  to  any  enrollment  season
28    restrictions.  The insurer shall not disenroll or eliminate coverage of such a
29    child unless the insurer is provided with satisfactory evidence that:
30        (a)  Such court or administrative order is no longer in effect; or
31        (b)  The child is or  will  be  enrolled  in  comparable  health  coverage
32        through  another  insurer which will take effect not later than the effec-
33        tive date of such disenrollment; or
34        (c)  The employer has eliminated family health coverage  for  all  of  its
35        employees.
36        (14) An insurer shall not impose requirements on a state agency, which has
37    been  assigned the rights of an individual eligible for medical assistance and
38    covered for health benefits from the insurer, that are different from require-
39    ments applicable to an agent or assignee of any other individual so covered.
40        (15) An insurer, in any case in which a child has health coverage  through
41    the insurer of a noncustodial parent shall:
42        (a)  Provide  such  information to a custodial parent or the department of
43        health and welfare as may be necessary for the child  to  obtain  benefits
44        through such coverage;
45        (b)  Permit  the  custodial  parent,  provider or department of health and
46        welfare to submit claims for covered services without the approval of  the
47        noncustodial parent; and
48        (c)  Make  payment  on  claims submitted by the custodial parent, the pro-
49        vider  or the department of health and welfare directly to the party  sub-
50        mitting the claim.
51        (16) (a)  An  insurer may not consider the availability or eligibility for
52        medical assistance in this or any other  state  under  42  U.S.C.  section
53        1396a,  (Section  1902  of  the Social Security Act) herein referred to as
54        medicaid, when considering eligibility for  coverage  or  making  payments
55        under  its plan for eligible enrollees, subscribers, policyholders or cer-


                                          22

 1        tificate holders.
 2        (b)  To the extent that payment for covered expenses has been  made  under
 3        the  state medicaid program for health care items or services furnished to
 4        an individual, in any case where a third party has a  legal  liability  to
 5        make  payments,  the department of health and welfare is subrogated to the
 6        rights of the individual to payment by any other party  for  those  health
 7        care items or services.
 8        (17) The  insurer  may disenroll for nonpayment of premium or dues, fraud,
 9    misrepresentation,  or  for  failure  to  comply  with  minimum  participation
10    requirements.

11        SECTION 23.  That Section 41-2219, Idaho Code, be, and the same is  hereby
12    amended to read as follows:

13        41-2219.  HEALTH  INSURANCE  COVERAGE FOR DEPENDENT CHILDREN. (1)  Where a
14    person is required by a court or administrative order to provide health insur-
15    ance coverage for a dependent child, that person is eligible for family health
16    coverage through a group disability insurance contract or a blanket disability
17    insurance contract, and fails to provide such coverage or lets it  lapse,  the
18    department  of health and welfare or other obligee may seek enforcement of the
19    coverage order as provided under this section, except as provided  in  subsec-
20    tion (13) of this section.
21        (2)  (a)  If the obligor parent's order to provide health insurance cover-
22        age  contains  language notifying the obligor that failure to provide such
23        coverage may result in direct enforcement of the order and orders payments
24        through, or has been submitted to, the department of  health  and  welfare
25        for  enforcement,  then  the department of health and welfare may, without
26        further notice to the obligor, send a notice of intent to  enroll  to  the
27        obligor's  insurer by certified mail, return receipt requested. The notice
28        shall require the insurer to enroll the child in the health insurance plan
29        as provided in subsection (3) of this section.
30        (b)  If the obligor parent's order to provide  health  insurance  coverage
31        does  not  order  payments  through,  and  has  not been submitted to, the
32        department of health and welfare:
33             (i)   The obligee may, without further notice to the obligor, send  a
34             certified  copy  of  the order requiring health insurance coverage to
35             the obligor's insurer by certified mail,  return  receipt  requested;
36             and
37             (ii)  The  obligee  shall  attach  a notarized statement to the order
38             declaring that the order is  the  latest  order  addressing  coverage
39             entered  by  the court and require the insurer to enroll the child in
40             the health insurance plan as provided in subsection (3) of this  sec-
41             tion without regard to any enrollment season restrictions.
42        (3)  Upon receipt of an order that provides for health insurance coverage,
43    or a notice of intent to enroll:
44        (a)  The  obligor's  insurer  shall answer the party who sent the order or
45        notice within thirty (30) days and confirm that the child:
46             (i)   Has been submitted in the health insurance plan; or
47             (ii)  Cannot be covered, stating the reasons why such coverage cannot
48             be provided.
49        (b)  The employer shall withhold any required premium  for  the  obligor's
50        dependents from the obligor's income or wages;
51        (c)  If  more  than  one (1) plan is offered by the insurer, and each plan
52        may be extended to cover the child, then the child shall  be  enrolled  in
53        the  obligor's plan. If the obligor's plan does not provide coverage which


                                          23

 1        is accessible to the child, the child  shall  be  enrolled  in  the  least
 2        expensive plan otherwise available to the obligor;
 3        (d)  The  insurer  shall provide the name of the health insurance coverage
 4        provider or insurer, the extent of coverage available and other  necessary
 5        information  to  the department of health and welfare or other obligee and
 6        shall make available any necessary claim forms  or  enrollment  membership
 7        cards.
 8        (4)  If  the order for coverage contains no language notifying the obligor
 9    that failure to  provide  health  insurance  coverage  may  result  in  direct
10    enforcement  of the order, the department of health and welfare or other obli-
11    gee may serve a written notice of intent to enforce the order on  the  obligor
12    by  certified  mail,  return receipt requested, or by personal service. If the
13    obligor fails to provide written proof that such coverage has been obtained or
14    applied for within thirty (30) days of service of the notice, or within thirty
15    (30) days of coverage becoming available, the department of health and welfare
16    or other obligee may proceed to enforce the order directly as provided in sub-
17    section (2) of this section.
18        (5)  If the obligor ordered to provide health insurance coverage elects to
19    provide coverage that will not be accessible to the child when accessible cov-
20    erage is otherwise available, the department of health and  welfare  or  other
21    obligee  may  serve  a  written notice of intent to enroll the child in health
22    insurance coverage on the obligor by certified mail, return receipt requested.
23    The notice shall also specify the type and cost of coverage.
24        (6)  If the department of health and welfare serves a notice under subsec-
25    tion (5) of this section, the obligor may, within thirty (30) days of the date
26    of service:
27        (a)  File an application for an administrative hearing; or
28        (b)  Provide written proof to the department of health  and  welfare  that
29        the obligor has either applied for, or obtained coverage accessible to the
30        child.
31        (7)  If  an obligee other than the department of health and welfare serves
32    a notice under subsection (5) of this section, within thirty (30) days of  the
33    date  of  service, the obligor shall provide written proof to the obligee that
34    the obligor has either applied for, or obtained, coverage  accessible  to  the
35    child.
36        (8)  If  the  obligor fails to respond to a notice served under subsection
37    (5) of this section to the party who served the notice, the party  who  served
38    the  notice  may  enroll  the obligor's child in the health insurance coverage
39    specified in the notice directly. The amount  of the premium shall be withheld
40    from the income of the obligor. The amount to be withheld from the  income  of
41    the  obligor  shall  not  exceed the amount specified in section 11-207, Idaho
42    Code. The employer shall forward the amount of premium withheld to the  insur-
43    ance provider.
44        (9)  If  the  coverage  is terminated or amended, the insurer shall mail a
45    notice of termination or amendment to the department of health and welfare  or
46    other  obligee at the obligee's last known address within forty-five (45) days
47    of the termination date.
48        (10) The provisions of this section shall not be construed  to  limit  the
49    right of the obligor or the obligee to bring an action in court at any time to
50    enforce, modify or clarify the original support order.
51        (11) If  the  amount  of  the obligor's income or wages which are withheld
52    under subsection (3)(b) of this section is insufficient to pay the premium for
53    the dependents, the obligor shall, nevertheless, be responsible for payment of
54    the premium.
55        (12) An insurer shall not deny enrollment of a child under the health cov-


                                          24

 1    erage of the child's parent for the reason that:
 2        (a)  The child was born out of wedlock; or
 3        (b)  The child is not claimed as  a  dependent  on  the  parent's  federal
 4        income tax return; or
 5        (c)  The child does not reside with the parent or in the insurer's service
 6        area.
 7        (13) In  any  case in which a parent is required by a court or administra-
 8    tive order to provide health insurance coverage for a child and the parent  is
 9    eligible for family health coverage through an insurer, the insurer shall per-
10    mit  such  parent,  the other parent of the child, or the department of health
11    and welfare to enroll under such family coverage, as specified  under  section
12    32-121  6   4 , Idaho Code, any such child who is other-
13    wise eligible for such  coverage  without  regard  to  any  enrollment  season
14    restrictions.  The insurer shall not disenroll or eliminate coverage of such a
15    child unless the insurer is provided with satisfactory evidence that:
16        (a)  Such court or administrative order is no longer in effect; or
17        (b)  The child is or  will  be  enrolled  in  comparable  health  coverage
18        through  another  insurer which will take effect not later than the effec-
19        tive date of such disenrollment; or
20        (c)  The employer has eliminated family health coverage  for  all  of  its
21        employees.
22        (14) An insurer shall not impose requirements on a state agency, which has
23    been  assigned the rights of an individual eligible for medical assistance and
24    covered for health benefits from the insurer, that are different from require-
25    ments applicable to an agent or assignee of any other individual so covered.
26        (15) An insurer, in any case in which a child has health coverage  through
27    the insurer of a noncustodial parent shall:
28        (a)  Provide  such  information  to  a  custodial  parent or department of
29        health and welfare as may be necessary for the child  to  obtain  benefits
30        through such coverage;
31        (b)  Permit  the  custodial  parent,  provider or department of health and
32        welfare to submit claims for covered services without the approval of  the
33        noncustodial parent; and
34        (c)  Make  payment  on  claims submitted by the custodial parent, the pro-
35        vider  or the department of health and welfare directly to the party  sub-
36        mitting the claim.
37        (16) (a)  An  insurer may not consider the availability or eligibility for
38        medical assistance in this or any other  state  under  42  U.S.C.  section
39        1396a,  (Section  1902  of  the Social Security Act) herein referred to as
40        medicaid, when considering eligibility for  coverage  or  making  payments
41        under  its plan for eligible enrollees, subscribers, policyholders or cer-
42        tificate holders.
43        (b)  To the extent that payment for covered expenses has been  made  under
44        the  state medicaid program for health care items or services furnished to
45        an individual, in any case where a third party has a  legal  liability  to
46        make  payments,  the department of health and welfare is subrogated to the
47        rights of the individual to payment by any other party  for  those  health
48        care items or services.
49        (17) The  insurer  may disenroll for nonpayment of premium or dues, fraud,
50    misrepresentation,  or  for  failure  to  comply  with  minimum  participation
51    requirements.

52        SECTION 24.  That Section 41-3442, Idaho Code, be, and the same is  hereby
53    amended to read as follows:


                                          25

 1        41-3442.  HEALTH  INSURANCE  COVERAGE  FOR DEPENDENT CHILDREN. (1) Where a
 2    person is required by a court or administrative order to provide health insur-
 3    ance coverage for a dependent child, that person is eligible for family health
 4    coverage through a hospital or service organization, and fails to provide such
 5    coverage or lets it lapse, the department of health and welfare or other obli-
 6    gee may seek enforcement of the coverage order as provided under this section,
 7    except as provided in subsection (13) of this section.
 8        (2)  (a) If the obligor parent's order to provide health insurance  cover-
 9        age  contains  language notifying the obligor that failure to provide such
10        coverage may result in direct enforcement of the order and orders payments
11        through, or has been submitted to, the department of  health  and  welfare
12        for  enforcement,  then  the department of health and welfare may, without
13        further notice to the obligor, send a notice of intent to  enroll  to  the
14        obligor's  hospital  or  service  organization  by  certified mail, return
15        receipt requested. The notice shall require the hospital or service  orga-
16        nization  to  enroll the child in the health insurance plan as provided in
17        subsection (3) of this section.
18        (b)  If the obligor parent's order to provide  health  insurance  coverage
19        does  not  order  payments  through,  and  has  not been submitted to, the
20        department of health and welfare:
21             (i)   The obligee may, without further notice to the obligor, send  a
22             certified  copy  of  the order requiring health insurance coverage to
23             the obligor's hospital or service  organization  by  certified  mail,
24             return receipt requested; and
25             (ii)  The  obligee  shall  attach  a notarized statement to the order
26             declaring that the order is  the  latest  order  addressing  coverage
27             entered by the court and require the hospital or service organization
28             to  enroll the child in the health insurance plan as provided in sub-
29             section (3) of this section without regard to any  enrollment  season
30             restrictions.
31        (3)  Upon receipt of an order that provides for health insurance coverage,
32    or a notice of intent to enroll:
33        (a)  The obligor's hospital or service organization shall answer the party
34        who  sent the order or notice within thirty (30) days and confirm that the
35        child:
36             (i)   Has been submitted in the health insurance plan; or
37             (ii)  Cannot be covered, stating the reasons why such coverage cannot
38             be provided.
39        (b)  The employer shall withhold any required premium  for  the  obligor's
40        dependents from the obligor's income or wages;
41        (c)  If more than one (1) plan is offered by the hospital or service orga-
42        nization, and each plan may be extended to cover the child, then the child
43        shall  be  enrolled  in the obligor's plan. If the obligor's plan does not
44        provide coverage which is accessible to  the child,  the  child  shall  be
45        enrolled in the least expensive plan otherwise available to the obligor;
46        (d)  The  hospital  or  service organization shall provide the name of the
47        health insurance coverage provider or hospital  or  service  organization,
48        the  extent  of  coverage available and other necessary information to the
49        department of health and welfare or other obligee and shall make available
50        any necessary claim forms or enrollment membership cards.
51        (4)  If the order for coverage contains no language notifying the  obligor
52    that  failure  to  provide  health  insurance  coverage  may  result in direct
53    enforcement of the order, the department of health and welfare or other  obli-
54    gee  may serve a written notice of intent  to enforce the order on the obligor
55    by certified mail, return receipt requested, or by personal  service.  If  the


                                          26

 1    obligor fails to provide written proof that such coverage has been obtained or
 2    applied for within thirty (30) days of service of the notice, or within thirty
 3    (30) days of coverage becoming available, the department of health and welfare
 4    or other obligee may proceed to enforce the order directly as provided in sub-
 5    section (2) of this section.
 6        (5)  If the obligor ordered to provide health insurance coverage elects to
 7    provide coverage that will not be accessible to the child when accessible cov-
 8    erage  is  otherwise  available, the department of health and welfare or other
 9    obligee may serve a written notice of intent to enroll  the  child  in  health
10    insurance coverage on the obligor by certified mail, return receipt requested.
11    The notice shall also specify the type and cost of coverage.
12        (6)  If the department of health and welfare serves a notice under subsec-
13    tion (5) of this section, the obligor may, within thirty (30) days of the date
14    of service:
15        (a)  File an application for an administrative hearing; or
16        (b)  Provide  written  proof  to the department of health and welfare that
17        the obligor has either applied for, or obtained coverage accessible to the
18        child.
19        (7)  If an obligee other than the department of health and welfare  serves
20    a  notice under subsection (5) of this section, within thirty (30) days of the
21    date of service, the obligor shall provide written proof to the  obligee  that
22    the  obligor  has  either applied for, or obtained, coverage accessible to the
23    child.
24        (8)  If the obligor fails to respond to a notice served  under  subsection
25    (5)  of  this section to the party who served the notice, the party who served
26    the notice may enroll the obligor's child in  the  health  insurance  coverage
27    specified  in the notice directly. The amount of the premium shall be withheld
28    from the income of the obligor. The amount to be withheld from the  income  of
29    the  obligor  shall  not  exceed the amount specified in section 11-207, Idaho
30    Code. The employer shall forward the amount of premium withheld to the  insur-
31    ance provider.
32        (9)  If  the  coverage  is  terminated or amended, the hospital or service
33    organization shall mail a notice of termination or amendment to the department
34    of health and welfare or other obligee at the  obligee's  last  known  address
35    within forty-five (45) days of the termination date.
36        (10) The  provisions  of  this section shall not be construed to limit the
37    right of the obligor or the obligee to bring an action in court at any time to
38    enforce, modify or clarify the original support order.
39        (11) If the amount of the obligor's income or  wages  which  are  withheld
40    under subsection (3)(b) of this section is insufficient to pay the premium for
41    the dependents, the obligor shall, nevertheless, be responsible for payment of
42    the premium.
43        (12) A  hospital  or  service  organization shall not deny enrollment of a
44    child under the health coverage of the child's parent for the reason that:
45        (a)  The child was born out of wedlock; or
46        (b)  The child is not claimed as  a  dependent  on  the  parent's  federal
47        income tax return; or
48        (c)  The  child does not reside with the parent or in the hospital or ser-
49        vice organization's service area.
50        (13) In any case in which a parent is required by a court  or  administra-
51    tive  order to provide health insurance coverage for a child and the parent is
52    eligible for family health coverage through a hospital  or  service  organiza-
53    tion,  the  service organization shall permit such parent, the other parent of
54    the child, or the department of health and welfare to enroll under such family
55    coverage, as specified under section 32-121 6  4 , Idaho


                                          27

 1    Code, any such child  who is otherwise  eligible  for  such  coverage  without
 2    regard  to any enrollment season restrictions. The hospital or service organi-
 3    zation shall not disenroll or eliminate coverage of such a  child  unless  the
 4    hospital or service organization is provided with satisfactory evidence that:
 5        (a)  Such court or administrative order is no longer in effect; or
 6        (b)  The  child  is  or  will  be  enrolled  in comparable health coverage
 7        through another insurer which will take effect not later than  the  effec-
 8        tive date of such disenrollment; or
 9        (c)  The  employer  has  eliminated  family health coverage for all of its
10        employees.
11        (14) A hospital or service organization shall not impose requirements on a
12    state agency, which has been assigned the rights of an individual eligible for
13    medical assistance and covered for health benefits from the hospital  or  ser-
14    vice organization, that are different from requirements applicable to an agent
15    or assignee of any other individual so covered.
16        (15) A  hospital or service organization, in any case in which a child has
17    health coverage through the hospital or service organization of a noncustodial
18    parent shall:
19        (a)  Provide such information to  a  custodial  parent  or  department  of
20        health  and  welfare  as may be necessary for the child to obtain benefits
21        through such coverage;
22        (b)  Permit the custodial parent, provider or  department  of  health  and
23        welfare  to submit claims for covered services without the approval of the
24        noncustodial parent; and
25        (c)  Make payment on claims submitted by the custodial  parent,  the  pro-
26        vider  or  the department of health and welfare directly to the party sub-
27        mitting the claim.
28        (16)  (a) A hospital or service organization may not consider  the  avail-
29        ability  or  eligibility for medical assistance in this or any other state
30        under 42 U.S.C. section 1396a, (Section 1902 of the Social  Security  Act)
31        herein  referred to as medicaid, when considering eligibility for coverage
32        or making payments under its plan  for  eligible  enrollees,  subscribers,
33        policyholders or certificate holders.
34        (b)  To  the  extent that payment for covered expenses has been made under
35        the state medicaid program for health care items or services furnished  to
36        an  individual,  in  any case where a third party has a legal liability to
37        make payments, the department of health and welfare is subrogated  to  the
38        rights  of  the  individual to payment by any other party for those health
39        care items or services.
40        (17) The insurer may disenroll for nonpayment of premium or  dues,  fraud,
41    misrepresentation,  or  for  failure  to  comply  with  minimum  participation
42    requirements.

43        SECTION  25.  That Section 41-3929, Idaho Code, be, and the same is hereby
44    amended to read as follows:

45        41-3929.  HEALTH INSURANCE COVERAGE FOR DEPENDENT CHILDREN.  (1)  Where  a
46    person is required by a court or administrative order to provide health insur-
47    ance coverage for a dependent child, that person is eligible for family health
48    coverage under a managed care plan, and fails to provide such coverage or lets
49    it  lapse,  the  department  of  health  and welfare or other obligee may seek
50    enforcement of the coverage order as provided under this  section,  except  as
51    provided in subsection (13) of this section.
52        (2)  (a) If  the obligor parent's order to provide health insurance cover-
53        age contains language notifying the obligor that failure to  provide  such


                                          28

 1        coverage may result in direct enforcement of the order and orders payments
 2        through,  or  has  been submitted to, the department of health and welfare
 3        for enforcement, then the department of health  and welfare  may,  without
 4        further  notice  to  the obligor, send a notice of intent to enroll to the
 5        obligor's managed care organization  by  certified  mail,  return  receipt
 6        requested.  The  notice  shall  require  the  managed care organization to
 7        enroll the child in the managed care plan as provided in subsection (3) of
 8        this section.
 9        (b)  If the obligor parent's order to provide  health  insurance  coverage
10        does  not  order  payments  through,  and  has  not been submitted to, the
11        department of health and welfare:
12             (i)   The obligee may, without further notice to the obligor, send  a
13             certified  copy  of  the order requiring health insurance coverage to
14             the obligor's managed care organization  by  certified  mail,  return
15             receipt requested; and
16             (ii)  The  obligee  shall  attach  a notarized statement to the order
17             declaring that the order is  the  latest  order  addressing  coverage
18             entered   by  the  court and require the managed care organization to
19             enroll the child in the health insurance plan as provided in  subsec-
20             tion  (3)  of  this  section  without regard to any enrollment season
21             restrictions.
22        (3)  Upon receipt of an order that provides for health insurance coverage,
23    or a notice of intent to enroll:
24        (a)  The obligor's managed care organization shall answer  the  party  who
25        sent  the  order  or  notice  within thirty (30) days and confirm that the
26        child:
27             (i)   Has been submitted in the managed care plan; or
28             (ii)  Cannot be covered, stating the reasons why such coverage cannot
29             be provided.
30        (b)  The employer shall withhold any required premium  for  the  obligor's
31        dependents from the obligor's income or wages;
32        (c)  If  more  than  one (1) plan is offered by the managed care organiza-
33        tion, and each plan may be extended to cover the  child,  then  the  child
34        shall  be  enrolled  in the obligor's plan. If the obligor's plan does not
35        provide coverage which is accessible to the  child,  the  child  shall  be
36        enrolled in the least expensive plan otherwise available to the obligor;
37        (d)  The  managed  care  organization shall provide the name of the health
38        insurance coverage provider or insurer, the extent of  coverage  available
39        and other necessary information to the department of health and welfare or
40        other  obligee  and  shall  make  available  any  necessary claim forms or
41        enrollment membership cards.
42        (4)  If the order for coverage contains no language notifying the  obligor
43    that  failure  to  provide  health  insurance  coverage  may  result in direct
44    enforcement of the order, the department of health and welfare or other  obli-
45    gee  may  serve a written notice of intent to enforce the order on the obligor
46    by certified mail, return receipt requested, or by personal  service.  If  the
47    obligor fails to provide written proof that such coverage has been obtained or
48    applied for within thirty (30) days of service of the notice, or within thirty
49    (30) days of coverage becoming available, the department of health and welfare
50    or other obligee may proceed to enforce the order directly as provided in sub-
51    section (2) of this section.
52        (5)  If the obligor ordered to provide health insurance coverage elects to
53    provide coverage that will not be accessible to the child when accessible cov-
54    erage  is  otherwise  available, the department of health and welfare or other
55    obligee may serve a written notice of intent to enroll  the  child  in  health


                                          29

 1    insurance coverage on the obligor by certified mail, return receipt requested.
 2    The notice shall also specify the type and cost of coverage.
 3        (6)  If the department of health and welfare serves a notice under subsec-
 4    tion (5) of this section, the obligor may, within thirty (30) days of the date
 5    of service:
 6        (a)  File an application for an administrative hearing; or
 7        (b)  Provide  written  proof  to the department of health and welfare that
 8        the obligor has either applied for, or obtained coverage accessible to the
 9        child.
10        (7)  If an obligee other than the department of health and welfare  serves
11    a  notice under subsection (5) of this section, within thirty (30) days of the
12    date of service, the obligor shall provide written proof to the  obligee  that
13    the  obligor  has  either applied for, or obtained, coverage accessible to the
14    child.
15        (8)  If the obligor fails to respond to a notice served  under  subsection
16    (5)  of  this section to the party who served the notice, the party who served
17    the notice may enroll the obligor's child in  the  health  insurance  coverage
18    specified  in the notice directly. The amount of the premium shall be withheld
19    from the income of the obligor. The amount to be withheld from the  income  of
20    the  obligor  shall  not  exceed the amount specified in section 11-207, Idaho
21    Code. The employer shall forward the amount of premium withheld to the managed
22    care organization.
23        (9)  If the coverage is terminated or amended, the managed care  organiza-
24    tion  shall  mail  a  notice  of termination or amendment to the department of
25    health and welfare or other obligee at the obligee's last known address within
26    forty-five (45) days of the termination date.
27        (10) The provisions of this section shall not be construed  to  limit  the
28    right of the obligor or the obligee to bring an action in court at any time to
29    enforce, modify or clarify the original support order.
30        (11) If  the  amount  of  the obligor's income or wages which are withheld
31    under subsection (3)(b) of this section is insufficient to pay the premium for
32    the dependents, the obligor shall, nevertheless, be responsible for payment of
33    the premium.
34        (12) A managed care organization shall not  deny  enrollment  of  a  child
35    under the health coverage of the child's parent for the reason that:
36        (a)  The child was born out of wedlock; or
37        (b)  The  child  is  not  claimed  as  a dependent on the parent's federal
38        income tax return; or
39        (c)  The child does not reside with the parent  or  in  the  managed  care
40        organization's service area.
41        (13) In  any  case in which a parent is required by a court or administra-
42    tive order to provide health insurance coverage for a child and the parent  is
43    eligible  for  family  health  coverage under a managed care plan, the managed
44    care organization shall permit such parent, the other parent of the child,  or
45    the  department of health and welfare to enroll under such family coverage, as
46    specified under section 32-121 6  4 ,  Idaho  Code,  any
47    such  child  who is otherwise eligible for such coverage without regard to any
48    enrollment season restrictions.  The   managed  care  organization  shall  not
49    disenroll or eliminate coverage of such a child unless the  managed care orga-
50    nization is provided with satisfactory evidence that:
51        (a)  Such court or administrative order is no longer in effect; or
52        (b)  The  child  is  or  will  be  enrolled  in comparable health coverage
53        through another insurer which will take effect not later than  the  effec-
54        tive date of such disenrollment; or
55        (c)  The  employer  has  eliminated  family health coverage for all of its


                                          30

 1        employees.
 2        (14) A managed care organization shall not impose requirements on a  state
 3    agency, which has been assigned the rights of an individual eligible for medi-
 4    cal  assistance  and  covered under the organization's managed care plan, that
 5    are different from requirements applicable to an  agent  or  assignee  of  any
 6    other individual so covered.
 7        (15) A  managed  care  organization, in any case in which the noncustodial
 8    parent of the child has health coverage under the organization's managed  care
 9    plan shall:
10        (a)  Provide  such  information to a custodial parent or the department of
11        health and welfare as may be necessary for the child  to  obtain  benefits
12        through such coverage;
13        (b)  Permit the custodial parent, provider or the department of health and
14        welfare  to submit claims for covered services without the approval of the
15        noncustodial parent; and
16        (c)  Make payment on claims submitted by the custodial  parent,  the  pro-
17        vider  or  the department of health and welfare directly to the party sub-
18        mitting the claim.
19        (16) (a) A managed care organization may not consider the availability  or
20        eligibility  for  medical  assistance  in this or any other state under 42
21        U.S.C. section 1396a, (Section 1902 of the  Social  Security  Act)  herein
22        referred to as medicaid, when considering eligibility for coverage or mak-
23        ing payments under its plan for eligible members, policyholders or certif-
24        icate holders.
25        (b)  To  the  extent that payment for covered expenses has been made under
26        the state medicaid program for health care items or services furnished  to
27        an  individual,  in  any case where a third party has a legal liability to
28        make payments, the department of health and welfare is subrogated  to  the
29        rights  of  the  individual to payment by any other party for those health
30        care items or services.
31        (17) The managed care organization may disenroll for nonpayment of premium
32    or dues, fraud, misrepresentation, or for failure to comply with minimum  par-
33    ticipation requirements.

34        SECTION  26.  That Section 41-4026, Idaho Code, be, and the same is hereby
35    amended to read as follows:

36        41-4026.  HEALTH INSURANCE COVERAGE FOR DEPENDENT CHILDREN.  (1)  Where  a
37    person is required by a court or administrative order to provide health insur-
38    ance coverage for a dependent child, that person is eligible for family health
39    coverage  through a self-funded insurer, and fails to provide such coverage or
40    lets it lapse, the department of health and welfare or other obligee may  seek
41    enforcement  of  the  coverage order as provided under this section, except as
42    provided in subsection (13) of this section.
43        (2)  (a) If the obligor parent's order to provide health insurance  cover-
44        age  contains  language notifying the obligor that failure to provide such
45        coverage may result in direct enforcement of the order and orders payments
46        through, or has been submitted to, the department of  health  and  welfare
47        for  enforcement,  then  the department of health and welfare may, without
48        further notice to the obligor, send a notice of intent to  enroll  to  the
49        obligor's  insurer by certified mail, return receipt requested. The notice
50        shall require the insurer to enroll the child in the health insurance plan
51        as provided in subsection (3) of this section.
52        (b)  If the obligor parent's order to provide  health  insurance  coverage
53        does  not  order  payments  through,  and  has  not been submitted to, the


                                          31

 1        department of health and welfare:
 2             (i)   The obligee may, without further notice to the obligor, send  a
 3             certified  copy  of  the order requiring health insurance coverage to
 4             the obligor's insurer by certified mail,  return  receipt  requested;
 5             and
 6             (ii)  The  obligee  shall  attach  a notarized statement to the order
 7             declaring that the order is  the  latest  order  addressing  coverage
 8             entered  by  the court and require the insurer to enroll the child in
 9             the health insurance plan as provided in subsection (3) of this  sec-
10             tion without regard to any enrollment season restrictions.
11        (3)  Upon receipt of an order that provides for health insurance coverage,
12    or a notice of intent to enroll:
13        (a)  The  obligor's  insurer  shall answer the party who sent the order or
14        notice within thirty (30) days and confirm that the child:
15             (i)   Has been submitted in the health insurance plan; or
16             (ii)  Cannot be covered, stating the reasons why such coverage cannot
17             be provided.
18        (b)  The employer shall withhold any required premium  for  the  obligor's
19        dependents from the obligor's income or wages;
20        (c)  If  more  than  one (1) plan is offered by the insurer, and each plan
21        may be extended to cover the child, then the child shall  be  enrolled  in
22        the  obligor's plan. If the obligor's plan does not provide coverage which
23        is accessible to the child, the child  shall  be  enrolled  in  the  least
24        expensive plan otherwise available to the obligor;
25        (d)  The  insurer  shall provide the name of the health insurance coverage
26        provider or insurer, the extent of coverage available and other  necessary
27        information  to  the department of health and welfare or other obligee and
28        shall make available any necessary claim forms  or  enrollment  membership
29        cards.
30        (4)  If  the order for coverage contains no language notifying the obligor
31    that failure to  provide  health  insurance  coverage  may  result  in  direct
32    enforcement  of the order, the department of health and welfare or other obli-
33    gee may serve a written notice of intent to enforce the order on  the  obligor
34    by  certified  mail,  return receipt requested, or by personal service. If the
35    obligor fails to provide written proof that such coverage has been obtained or
36    applied for within thirty (30) days of service of the notice, or within thirty
37    (30) days of coverage becoming available, the department of health and welfare
38    or other obligee may proceed to enforce the order directly as provided in sub-
39    section (2) of this section.
40        (5)  If the obligor ordered to provide health insurance coverage elects to
41    provide coverage that will not be accessible to the child when accessible cov-
42    erage is otherwise available, the department of health and  welfare  or  other
43    obligee  may  serve  a  written notice of intent to enroll the child in health
44    insurance coverage on the obligor by certified mail, return receipt requested.
45    The notice shall also specify the type and cost of coverage.
46        (6)  If the department of health and welfare serves a notice under subsec-
47    tion (5) of this section, the obligor may, within thirty (30) days of the date
48    of service:
49        (a)  File an application for an administrative hearing; or
50        (b)  Provide written proof to the department of health  and  welfare  that
51        the obligor has either applied for, or obtained coverage accessible to the
52        child.
53        (7)  If  an obligee other than the department of health and welfare serves
54    a notice under subsection (5) of this section, within thirty (30) days of  the
55    date  of  service, the obligor shall provide written proof to the obligee that


                                          32

 1    the obligor has either applied for, or obtained, coverage  accessible  to  the
 2    child.
 3        (8)  If  the  obligor fails to respond to a notice served under subsection
 4    (5) of this section to the party who served the notice, the party  who  served
 5    the  notice  may  enroll  the obligor's child in the health insurance coverage
 6    specified in the notice directly. The amount of the premium shall be  withheld
 7    from  the  income of the obligor. The amount to be withheld from the income of
 8    the obligor shall not exceed the amount specified  in  section  11-207,  Idaho
 9    Code.  The employer shall forward the amount of premium withheld to the insur-
10    ance provider.
11        (9)  If the coverage is terminated or amended, the insurer  shall  mail  a
12    notice  of termination or amendment to the department of health and welfare or
13    other  obligee at the obligee's last known address within forty-five (45) days
14    of the termination date.
15        (10) The provisions of this section shall not be construed  to  limit  the
16    right of the obligor or the obligee to bring an action in court at any time to
17    enforce, modify or clarify the original support order.
18        (11) If  the  amount  of  the obligor's income or wages which are withheld
19    under subsection (3)(b) of this section is insufficient to pay the premium for
20    the dependents, the obligor shall, nevertheless, be responsible for payment of
21    the premium.
22        (12) An insurer shall not deny enrollment of a child under the health cov-
23    erage of the child's parent for the reason that:
24        (a)  The child was born out of wedlock; or
25        (b)  The child is not claimed as  a  dependent  on  the  parent's  federal
26        income tax return; or
27        (c)  The child does not reside with the parent or in the insurer's service
28        area.
29        (13) In  any  case in which a parent is required by a court or administra-
30    tive order to provide health insurance coverage for a child and the parent  is
31    eligible for family health coverage through an insurer, the insurer shall per-
32    mit  such  parent,  the other parent of the child, or the department of health
33    and welfare to enroll under such family coverage, as specified  under  section
34    32-121  6   4 , Idaho Code, any such child who is other-
35    wise eligible for such  coverage  without  regard  to  any  enrollment  season
36    restrictions.  The    an   insurer shall not disenroll or eliminate
37    coverage of such a child unless the insurer is provided with satisfactory evi-
38    dence that:
39        (a)  Such court or administrative order is no longer in effect; or
40        (b)  The child is or  will  be  enrolled  in  comparable  health  coverage
41        through  another  insurer which will take effect not later than the effec-
42        tive date of such disenrollment; or
43        (c)  The employer has eliminated family health coverage  for  all  of  its
44        employees.
45        (14) An insurer shall not impose requirements on a state agency, which has
46    been  assigned the rights of an individual eligible for medical assistance and
47    covered for health benefits from the insurer, that are different from require-
48    ments applicable to an agent or assignee of any other individual so covered.
49        (15) An insurer, in any case in which a child has health coverage  through
50    the insurer of a noncustodial parent shall:
51        (a)  Provide  such  information  to  a  custodial  parent or department of
52        health and welfare as may be necessary for the child  to  obtain  benefits
53        through such coverage;
54        (b)  Permit  the  custodial  parent,  provider or department of health and
55        welfare to submit claims for covered services without the approval of  the


                                          33

 1        noncustodial parent; and
 2        (c)  Make  payment  on  claims submitted by the custodial parent, the pro-
 3        vider or the department of health and welfare directly to the  party  sub-
 4        mitting the claim.
 5        (16)  (a) An  insurer may not consider the availability or eligibility for
 6        medical assistance in this or any other  state  under  42  U.S.C.  section
 7        1396a,  (Section  1902  of  the Social Security Act) herein referred to as
 8        medicaid, when considering eligibility for  coverage  or  making  payments
 9        under  its plan for eligible enrollees, subscribers, policyholders or cer-
10        tificate holders.
11        (b)  To the extent that payment for covered expenses has been  made  under
12        the  state medicaid program for health care items or services furnished to
13        an individual, in any case where a third party has a  legal  liability  to
14        make  payments,  the department of health and welfare is subrogated to the
15        rights of the individual to payment by any other party  for  those  health
16        care items or services.
17        (17) An  employer  may disenroll for nonpayment of premium or dues, fraud,
18    misrepresentation,  or  for  failure  to  comply  with  minimum  participation
19    requirements.

20        SECTION 27.  That Section 41-4717, Idaho Code, be, and the same is  hereby
21    amended to read as follows:

22        41-4717.  HEALTH  INSURANCE  COVERAGE  FOR DEPENDENT CHILDREN. (1) Where a
23    person is required by a court or administrative order to provide health insur-
24    ance coverage for a dependent child, that person is eligible for family health
25    coverage through a small employer health insurance carrier, and fails to  pro-
26    vide  such  coverage or lets it lapse, the department of health and welfare or
27    other obligee may seek enforcement of the coverage  order  as  provided  under
28    this section, except as provided in subsection (13) of this section.
29        (2)  (a) If  the obligor parent's order to provide health insurance cover-
30        age contains language notifying the obligor that failure to  provide  such
31        coverage may result in direct enforcement of the order and orders payments
32        through,  or  has  been submitted to, the department of health and welfare
33        for enforcement, then the department of health and  welfare  may,  without
34        further  notice  to  the obligor, send a notice of intent to enroll to the
35        obligor's small employer  health  insurance  carrier  by  certified  mail,
36        return  receipt  requested.  The  notice  shall require the small employer
37        health insurance carrier to enroll the child in the health insurance  plan
38        as provided in subsection (3) of this section.
39        (b)  If  the  obligor  parent's order to provide health insurance coverage
40        does not order payments through,  and  has  not  been  submitted  to,  the
41        department of health and welfare:
42             (i)   The  obligee may, without further notice to the obligor, send a
43             certified copy of the order requiring health  insurance  coverage  to
44             the  obligor's  small  employer health insurance carrier by certified
45             mail, return receipt requested; and
46             (ii)  The obligee shall attach a notarized  statement  to  the  order
47             declaring  that  the  order  is  the latest order addressing coverage
48             entered by the court and require the small employer health  insurance
49             carrier  to enroll the child in the health insurance plan as provided
50             in subsection (3) of this section without regard  to  any  enrollment
51             season restrictions.
52        (3)  Upon receipt of an order that provides for health insurance coverage,
53    or a notice of intent to enroll:


                                          34

 1        (a)  The  obligor's  small  employer health insurance carrier shall answer
 2        the party who sent the order or notice within thirty (30) days and confirm
 3        that the child:
 4             (i)   Has been submitted in the health insurance plan; or
 5             (ii)  Cannot be covered, stating the reasons why such coverage cannot
 6             be provided.
 7        (b)  The employer shall withhold any required premium  for  the  obligor's
 8        dependents from the obligor's income or wages;
 9        (c)  If  more  than  one  (1) plan is offered by the small employer health
10        insurance carrier, and each plan may be extended to cover the child,  then
11        the  child  shall be enrolled in the obligor's plan. If the obligor's plan
12        does not provide coverage which is accessible  to  the  child,  the  child
13        shall  be  enrolled in the least expensive plan otherwise available to the
14        obligor;
15        (d)  The small employer health insurance carrier shall provide the name of
16        the health insurance coverage provider or insurer, the extent of  coverage
17        available and  other necessary information to the department of health and
18        welfare  or  other  obligee  and  shall make available any necessary claim
19        forms or enrollment membership cards.
20        (4)  If the order for coverage contains no language notifying the  obligor
21    that  failure  to  provide  health  insurance  coverage  may  result in direct
22    enforcement of the order, the department of health and welfare or other  obli-
23    gee  may  serve a written notice of intent to enforce the order on the obligor
24    by certified mail, return receipt requested, or by personal  service.  If  the
25    obligor fails to provide written proof that such coverage has been obtained or
26    applied for within thirty (30) days of service of the notice, or within thirty
27    (30) days of coverage becoming available, the department of health and welfare
28    or other obligee may proceed to enforce the order directly as provided in sub-
29    section (2) of this section.
30        (5)  If the obligor ordered to provide health insurance coverage elects to
31    provide coverage that will not be accessible to the child when accessible cov-
32    erage  is  otherwise  available, the department of health and welfare or other
33    obligee may serve a written notice of intent to enroll  the  child  in  health
34    insurance coverage on the obligor by certified mail, return receipt requested.
35    The notice shall also specify the type and cost of coverage.
36        (6)  If the department of health and welfare serves a notice under subsec-
37    tion (5) of this section, the obligor may, within thirty (30) days of the date
38    of service:
39        (a)  File an application for an administrative hearing; or
40        (b)  Provide  written  proof  to the department of health and welfare that
41        the obligor has either applied for, or obtained coverage accessible to the
42        child.
43        (7)  If an obligee other than the department of health and welfare  serves
44    a  notice under subsection (5) of this section, within thirty (30) days of the
45    date of service, the obligor shall provide written proof to the  obligee  that
46    the  obligor  has  either applied for, or obtained, coverage accessible to the
47    child.
48        (8)  If the obligor fails to respond to a notice served  under  subsection
49    (5)  of  this section to the party who served the notice, the party who served
50    the notice may enroll the obligor's child in  the  health  insurance  coverage
51    specified  in the notice directly. The amount of the premium shall be withheld
52    from the income of the obligor. The amount to be withheld from the  income  of
53    the  obligor  shall  not  exceed the amount specified in section 11-207, Idaho
54    Code. The employer shall forward the amount of premium withheld to the  insur-
55    ance provider.


                                          35

 1        (9)  If  the  coverage is terminated or amended, the small employer health
 2    insurance carrier shall mail a notice  of  termination  or  amendment  to  the
 3    department  of health and welfare or other obligee at the obligee's last known
 4    address within forty-five (45) days of the termination date.
 5        (10) The provisions of this section shall not be construed  to  limit  the
 6    right of the obligor or the obligee to bring an action in court at any time to
 7    enforce, modify or clarify the original support order.
 8        (11) If  the  amount  of  the obligor's income or wages which are withheld
 9    under subsection (3)(b) of this section is insufficient to pay the premium for
10    the dependents, the obligor shall, nevertheless, be responsible for payment of
11    the premium.
12        (12) A small employer health insurance carrier shall not  deny  enrollment
13    of  a  child  under  the  health coverage of the child's parent for the reason
14    that:
15        (a)  The child was born out of wedlock; or
16        (b)  The child is not claimed as  a  dependent  on  the  parent's  federal
17        income tax return; or
18        (c)  The  child  does  not reside with the parent or in the small employer
19        health insurance carrier's service area.
20        (13) In any case in which a parent is required by a court  or  administra-
21    tive  order to provide health insurance coverage for a child and the parent is
22    eligible for family health coverage through a small employer health  insurance
23    carrier,  the carrier shall permit such parent, the other parent of the child,
24    or the department of health and welfare to enroll under such family  coverage,
25    as specified under section 32-121 6  4 , Idaho Code, any
26    such  child  who is otherwise eligible for such coverage without regard to any
27    enrollment season restrictions. The small employer  health  insurance  carrier
28    shall  not  disenroll  or  eliminate coverage of such a child unless the small
29    employer health insurance carrier is provided with satisfactory evidence that:
30        (a)  Such court or administrative order is no longer in effect; or
31        (b)  The child is or  will  be  enrolled  in  comparable  health  coverage
32        through  another  insurer which will take effect not later than the effec-
33        tive date of such disenrollment; or
34        (c)  The employer has eliminated family health coverage  for  all  of  its
35        employees.
36        (14) A  small  employer health insurance carrier shall not impose require-
37    ments on a state agency, which has been assigned the rights of  an  individual
38    eligible for medical assistance and covered for health benefits from the small
39    employer health insurance carrier, that are different from requirements appli-
40    cable to an agent or assignee of any other individual so covered.
41        (15) A  small  employer  health  insurance carrier, in any case in which a
42    child has health coverage through the small employer health insurance  carrier
43    of a noncustodial parent shall:
44        (a)  Provide  such  information  to  a  custodial  parent or department of
45        health and welfare as may be necessary for the child  to  obtain  benefits
46        through such coverage;
47        (b)  Permit  the  custodial  parent,  provider or department of health and
48        welfare to submit claims for covered services without the approval of  the
49        noncustodial parent; and
50        (c)  Make  payment  on  claims submitted by the custodial parent, the pro-
51        vider or the department of health and welfare directly to the  party  sub-
52        mitting the claim.
53        (16)  (a) A  small  employer health insurance carrier may not consider the
54        availability or eligibility for medical assistance in this  or  any  other
55        state  under 42 U.S.C. section 1396a, (Section 1902 of the Social Security


                                          36

 1        Act) herein referred to as medicaid, when considering eligibility for cov-
 2        erage or making payments under  its  plan  for  eligible  enrollees,  sub-
 3        scribers, policyholders or certificate holders.
 4        (b)  To  the  extent that payment for covered expenses has been made under
 5        the state medicaid program for health care items or services furnished  to
 6        an  individual,  in  any case where a third party has a legal liability to
 7        make payments, the department of health and welfare is subrogated  to  the
 8        rights  of  the  individual to payment by any other party for those health
 9        care items or services.
10        (17) An employer may disenroll for nonpayment of premium or  dues,  fraud,
11    misrepresentation,  or  for  failure  to  comply  with  minimum  participation
12    requirements.

Statement of Purpose / Fiscal Impact

    STATEMENT OF PURPOSE 
    RS07332C1
    
    
    This bill simplifies the income withholding statute, moves department of health and welfare 
    procedures for income withholding from Title 7, Chapter 12, Idaho Code, to Title 32, 
    Chapter 12, Idaho Code, and implements the changes to income withholding that are 
    required by federal law.
    
                               FISCAL IMPACT
    
    Cost savings projected at $900,000 by not requiring the state to secure an additional court 
    order to initiate income withholding. Projected cost savings of $192,500 by requiring 
    parties to provide identifying information with the court or child support services.
    
    CONTACT
    Name: Jo An Silva
    Agency: Department of Health and Welfare
    Phone: 334-6535
    Statement of Purpose/Fiscal Impact
    
    H 462