2005 Legislation
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SENATE BILL NO. 1090 – Child support, income withholding


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Bill Status

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
         Effective: 07/01/05

Bill Text

  ]]]]              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
  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 / Fiscal Impact

                      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.
                          FISCAL IMPACT


Name:    Lyn Darrington
Phone:   336-1986

Statement of Purpose/Fiscal Impact                      S 1090