2008 Legislation
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SENATE BILL NO. 1343<br /> – Child support, insurance, costs


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Bill Status

S1343.................................................by HEALTH AND WELFARE
CHILD SUPPORT - Amends existing law relating to child support and medical
coverage to revise legislative purpose; and to define the term "reasonable

01/24    Senate intro - 1st rdg - to printing
01/25    Rpt prt - to Health/Wel
02/01    Rpt out - rec d/p - to 2nd rdg
02/04    2nd rdg - to 3rd rdg
02/05    3rd rdg
02/06    PASSED - 20-15-0
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Coiner, Darrington, Gannon, Hammond, Kelly, Langhorst, Little, Lodge,
      Malepeai(Sagness), McGee, Schroeder, Stegner, Stennett(Thorson), Werk
      NAYS -- Cameron, Corder, Davis, Fulcher, Geddes, Goedde, Heinrich,
      Hill, Jorgenson, Keough, McKague, McKenzie, Pearce, Richardson,
      Absent and excused -- None
    Floor Sponsor - Coiner
    Title apvd - to House
02/07    House intro - 1st rdg - to Health/Wel
03/21    Rpt out - rec d/p - to 2nd rdg
03/25    2nd rdg - to 3rd rdg
    Rls susp - PASSED - 56-11-3
      AYES -- Anderson, Bayer, Bedke, Bell, Bilbao, Black, Block, Bock,
      Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark,
      Collins, Crane, Durst, Eskridge, Hagedorn, Henbest, Henderson,
      Jaquet, Killen, King, Kren, Labrador, Lake, LeFavour, Luker,
      Marriott, Mathews, Nonini, Pasley-Stuart, Pence, Raybould, Ringo,
      Roberts, Ruchti, Rusche, Sayler, Shepherd(02), Shepherd(08), Shively,
      Smith(30), Smith(24), Snodgrass, Stevenson, Thayn, Thomas, Trail,
      Vander Woude, Wills, Wood(27), Mr. Speaker
      NAYS -- Andrus, Barrett, Bowers, Hart, Harwood, Loertscher, Mortimer,
      Nielsen, Schaefer, Shirley, Wood(35)
      Absent and excused -- McGeachin, Moyle, Patrick
    Floor Sponsor - Rusche
    Title apvd - to Senate
03/25    To enrol
03/26    Rpt enrol - Pres signed - Sp signed
03/27    To Governor
04/01    Governor signed
         Session Law Chapter 328
         Effective: 07/01/08

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008


                                       IN THE SENATE

                                    SENATE BILL NO. 1343

                              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 32-706, Idaho Code, be, and the  same  is  hereby
  7    amended to read as follows:

  8        32-706.  CHILD  SUPPORT. (1) In a proceeding for divorce or child support,
  9    the court may order either or both parents owing a duty of support to a  child
 10    to  pay an amount reasonable or necessary for his or her support and education
 11    until the child is eighteen (18) years of age, without regard to marital  mis-
 12    conduct, after considering all relevant factors which may include:
 13        (a)  The financial resources of the child;
 14        (b)  The financial resources, needs, and obligations of both the custodial
 15        and  noncustodial  parents  which  ordinarily shall not include a parent's
 16        community property interest in the financial resources or obligations of a
 17        spouse who is not a parent of the child, unless compelling reasons exist;
 18        (c)  The standard of living the child enjoyed during the marriage;
 19        (d)  The physical and emotional condition and needs of the child  and  his
 20        or her educational needs;
 21        (e)  The availability of medical coverage for the child at reasonable cost
 22        as defined in section 32-1214B, Idaho Code;
 23        (f)  The  actual  tax benefit recognized by the party claiming the federal
 24        child dependency exemption.
 25        (2)  If the child continues his high school education subsequent to reach-
 26    ing the age of eighteen (18) years, the court  may,  in  its  discretion,  and
 27    after  considering  all relevant factors which include those set forth in sub-
 28    section (1) of this section, order the continuation of support payments  until
 29    the  child  discontinues his high school education or reaches the age of nine-
 30    teen (19) years, whichever is sooner.
 31        (3)  All child support orders shall notify the obligor that the order will
 32    be enforced by income withholding pursuant to  chapter  12,  title  32,  Idaho
 33    Code.  Failure  to  include this provision does not affect the validity of the
 34    support order. The court shall require that the  social  security  numbers  of
 35    both the obligor and obligee be included in the order or decree.
 36        (4)  In  a  proceeding  for  the  support of a child or a minor parent the
 37    court may order the parent(s) of each minor parent to pay an amount reasonable
 38    or necessary for the support and education of the  child  born  to  the  minor
 39    parent(s)  until the minor parent is eighteen (18) years of age, after consid-
 40    ering all relevant factors which may include:
 41        (a)  The financial resources of the child;
 42        (b)  The financial resources of the minor parent;
 43        (c)  The financial resources, needs and obligations of the parent  of  the


  1        minor parent;
  2        (d)  The  physical  and emotional condition and needs of the child and his
  3        or her educational needs; and
  4        (e)  The availability of medical coverage for the child at reasonable cost
  5        as defined in section 32-1214B, Idaho Code.
  6        (5)  The legislature hereby authorizes and encourages the supreme court of
  7    the state of Idaho to adopt and to periodically review for modification guide-
  8    lines that utilize and implement the factors  set  forth  in  subsections  (1)
  9    through  (4)  of  this section to create a uniform procedure for reaching fair
 10    and adequate child support awards. There shall  be  a  rebuttable  presumption
 11    that  the  amount  of the award which would result from the application of the
 12    guidelines is the amount of child support to be awarded,  unless  evidence  is
 13    presented  in  a  particular  case  which indicates that an application of the
 14    guidelines would be unjust or inappropriate. If the court determines that cir-
 15    cumstances exist to permit a departure from the guidelines, the  judge  making
 16    the  determination shall make a written or specific finding on the record that
 17    the application of the guidelines would be unjust or inappropriate in the par-
 18    ticular case before the court. When adopting  guidelines,  the  supreme  court
 19    shall  provide  that  in a proceeding to modify an existing award, children of
 20    the party requesting the modification who are born or adopted after the  entry
 21    of the existing order shall not be considered.

 22        SECTION  2.  That Section 32-1214A, Idaho Code, be, and the same is hereby
 23    amended to read as follows:

 24        32-1214A.  PURPOSE. The state of Idaho has an interest  in  ensuring  that
 25    its  children  receive  health  insurance  benefits through private means when
 26    available at reasonable cost as  defined  in  section  32-1214B,  Idaho  Code.
 27    Therefore,  the  legislature hereby adopts the national medical support notice
 28    required by 42 U.S.C. section 666(a)(19) and the  employee  retirement  income
 29    security act, 29 U.S.C. section 1169(a), to allow the department of health and
 30    welfare or an obligee to enforce an order for medical support.

 31        SECTION  3.  That Section 32-1214B, Idaho Code, be, and the same is hereby
 32    amended to read as follows:

 33        32-1214B.  DEFINITIONS. For the purposes of this  chapter,  the  following
 34    definitions apply:
 35        (1)  "Child"  means  any child including an adopted minor child, of a par-
 36    ticipant in a health benefit plan, recognized under a  medical  child  support
 37    order as having a right to enrollment under a health benefit plan.
 38        (2)  "Department" means the department of health and welfare.
 39        (3)  "Health benefit plan" means a group or individual health benefit plan
 40    or  combination of plans, other than public assistance programs, that provides
 41    medical care or benefits for a child.
 42        (4)  "Insurer" means every person engaged as indemnitor,  surety  or  con-
 43    tractor in the business of entering into contracts of insurance or annuity.
 44        (5)  "Medical  child  support order" means any order, including those that
 45    meet the requirements of 29 U.S.C. section 1169, or notice issued by either  a
 46    court or administrative agency that requires a plan administrator, or if none,
 47    the employer, to enroll an eligible child in a health benefit plan.
 48        (6)  "Obligee"  means  a  party or parent other than the parent ordered to
 49    carry or provide a health benefit plan for the parties' minor child.
 50        (7)  "Obligor" means the parent ordered by the court to carry  or  provide
 51    health insurance benefits for the parties' minor child.


  1        (8)  "Party"  means  the  department, grandparent or any person who is the
  2    custodian, other than the parent who owes a duty of medical support.
  3        (9)  "Plan administrator" means a person or entity, designated  under  the
  4    terms  of  the  health benefit plan or health insurance policy or related con-
  5    tract or agreement, responsible for the administration of plan duties.  If  no
  6    plan  administrator  is  designated under the terms of the policy, contract or
  7    agreement, the plan administrator is the plan sponsor.
  8        (10) "Plan sponsor" means an employer, employee organization, association,
  9    committee, joint board of trustees, or other similar group, including a  state
 10    or  local  government  agency  or  church,  that  establishes  or maintains an
 11    employee benefit plan.
 12        (11) "Reasonable cost" means the cost to the obligor does not exceed  five
 13    percent (5%) of his or her gross income.

Statement of Purpose / Fiscal Impact

                      STATEMENT OF PURPOSE

                            RS 17428

The federal government has mandated that states implement an income 
based reasonable cost definition regarding the cost of health 
insurance or cash medical support as ordered in a medical child 
support order. 

Idaho does not currently have an income based definition of 
reasonable cost, but requires enrollment in health insurance 
programs whenever insurance is available through employment. 

This legislation will meet the federal mandate by adopting the 
federal reasonable cost definition. This will assure more equitable 
insurance enrollment, encouraging longer term employment for 
parents who are court ordered to carry medical insurance.

                           FISCAL NOTE

There is no fiscal impact to the Child Support Program; however, 
this legislation has the potential to increase costs to Medicaid as 
some insured recipients will no longer meet the criteria for 
mandatory private health insurance enrollment.  It is possible that 
some parents who are currently paying in excess of 5% of their 
gross income for medical coverage for their children pursuant to a 
court order would be otherwise eligible to participate in Medicaid. 
  This impact is estimated at $984,000 based upon 500 children 
being covered by Medicaid at $164 per month for a full year.  We do 
not have any statistical data to support the number of children 
used in this estimate so the actual impact may be less than the 
amount shown.

Name:	Kandee Yearsley
Agency:	Health and Welfare
Phone:	334-0620