Print Friendly SENATE BILL NO. 1090 – Child support, income withholding
SENATE BILL NO. 1090
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S1090.................................................by HEALTH AND WELFARE
CHILD SUPPORT - Amends existing law relating to mandatory income
withholding for child support to revise the definition for the term "plan
administrator" and to define the term "plan sponsor."
02/03 Senate intro - 1st rdg - to printing
02/04 Rpt prt - to Health/Wel
02/08 Rpt out - rec d/p - to 2nd rdg
02/09 2nd rdg - to 3rd rdg
02/11 3rd rdg - PASSED - 32-0-3
AYES -- Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Coiner,
Compton, Corder, Darrington, Davis, Gannon, Geddes, Goedde, Hill,
Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Marley, McGee,
McKenzie, Noble, Pearce, Richardson, Schroeder, Stegner, Stennett,
Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Andreason, Cameron, Malepeai
Floor Sponsor - Brandt
Title apvd - to House
02/14 House intro - 1st rdg - to Health/Wel
02/23 Rpt out - rec d/p - to 2nd rdg
02/24 2nd rdg - to 3rd rdg
03/09 3rd rdg - PASSED - 67-0-3
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bell,
Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark,
Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18),
Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Jones,
Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin,
Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence,
Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler,
Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30),
Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr.
NAYS -- None
Absent and excused -- Bedke, Collin, McKague
Floor Sponsor - Rusche
Title apvd - to Senate
03/10 To enrol
03/11 Rpt enrol - Pres signed
03/14 Sp signed
03/15 To Governor
03/21 Governor signed
Session Law Chapter 101
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE SENATE
SENATE BILL NO. 1090
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO MANDATORY INCOME WITHHOLDING FOR CHILD SUPPORT; AMENDING SECTION
3 32-1214B, IDAHO CODE, TO REVISE THE DEFINITION FOR THE TERM "PLAN ADMINIS-
4 TRATOR" AND TO DEFINE THE TERM "PLAN SPONSOR."
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 32-1214B, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 32-1214B. DEFINITIONS. For the purposes of this chapter, the following
9 definitions apply:
10 (1) "Child" means any child including an adopted minor child, of a par-
11 ticipant in a health benefit plan, recognized under a medical child support
12 order as having a right to enrollment under a health benefit plan.
13 (2) "Department" means the department of health and welfare.
14 (3) "Health benefit plan" means a group or individual health benefit plan
15 or combination of plans, other than public assistance programs, that provides
16 medical care or benefits for a child.
17 (4) "Insurer" means every person engaged as indemnitor, surety or con-
18 tractor in the business of entering into contracts of insurance or annuity.
19 (5) "Medical child support order" means any order, including those that
20 meet the requirements of 29 U.S.C. section 1169, or notice issued by either a
21 court or administrative agency that requires a plan administrator, or if none,
22 the employer, to enroll an eligible child in a health benefit plan.
23 (6) "Obligee" means a party or parent other than the parent ordered to
24 carry or provide a health benefit plan for the parties' minor child.
25 (7) "Obligor" means the parent ordered by the court to carry or provide
26 health insurance benefits for the parties' minor child.
27 (8) "Party" means the department, grandparent or any person who is the
28 custodian, other than the parent who owes a duty of medical support.
29 (9) "Plan administrator" means a person or entity, including a state or
30 local government agency or church, that assesses and collects premiums,
31 accepts and processes claims, and pays benefits for medical care designated
32 under the terms of the health benefit plan or health insurance policy or
33 related contract or agreement, responsible for the administration of plan
34 duties. If no plan administrator is designated under the terms of the policy,
35 contract or agreement, the plan administrator is the plan sponsor.
36 (10) "Plan sponsor" means an employer, employee organization, association,
37 committee, joint board of trustees, or other similar group, including a state
38 or local government agency or church, that establishes or maintains an
39 employee benefit plan.
STATEMENT OF PURPOSE
Federal law required that the State of Idaho use the
National Medical Support Notice (NMSN) in child custody arrangements.
The NMSN is a standardized federal form that provides information
through a standardized procedure to employers and administrators of
group health plans in obtaining medical support for Idaho’s children
who are subject to parental custody arrangements.
Idaho Code 32-1214 was rewritten in 2003 to accommodate the changes
required by federal law to implement the National Medical Support
Notice. This bill amends that code section to clarify what constitutes
a group health plan administrator under federal law.
Name: Lyn Darrington
Statement of Purpose/Fiscal Impact S 1090