Full Text of SB0258 102nd General Assembly
SB0258enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Marriage and Dissolution of | 5 | | Marriage Act is amended by changing Section 505.2 as follows:
| 6 | | (750 ILCS 5/505.2) (from Ch. 40, par. 505.2)
| 7 | | Sec. 505.2. Health insurance.
| 8 | | (a) Definitions. As used in this Section:
| 9 | | (1) (Blank). "Obligee" means the individual to whom | 10 | | the duty of support is owed or
the individual's legal | 11 | | representative.
| 12 | | (2) (Blank). "Obligor" means the individual who owes a | 13 | | duty of support pursuant
to an order for support.
| 14 | | (3) "Public office" means any elected official or any | 15 | | State or local
agency which is or may become responsible | 16 | | by law for enforcement of, or
which is or may become | 17 | | authorized to enforce, an order for support,
including, | 18 | | but not limited to: the Attorney General, the Illinois
| 19 | | Department of Healthcare and Family Services, the Illinois | 20 | | Department of Human Services, the
Illinois Department of | 21 | | Children and Family Services, and the various State's
| 22 | | Attorneys, Clerks of the Circuit Court and supervisors of | 23 | | general assistance.
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| 1 | | (4) "Child" shall have the meaning ascribed to it in | 2 | | Section 505. | 3 | | (5) "Insurance obligee" means any individual to whom | 4 | | the health insurance obligation is owed on behalf of the | 5 | | child. | 6 | | (6) "Insurance obligor" means any individual who has | 7 | | an obligation to provide health insurance for the child.
| 8 | | (b) Order.
| 9 | | (1) Whenever the court establishes, modifies or | 10 | | enforces an
order for child support or for child support | 11 | | and maintenance the court
shall include in the order a | 12 | | provision for the health insurance care coverage of the
| 13 | | child which shall , upon request of the obligee or Public | 14 | | Office, require that
any child
covered by the order be | 15 | | named as a beneficiary of any health insurance plan that | 16 | | is available to the insurance obligor through an employer | 17 | | or labor union or
trade union. If the court finds that such | 18 | | a plan is not available to the
obligor, or that the plan is | 19 | | not accessible to the obligee , the court may , upon
request | 20 | | of the obligee or Public Office, order the insurance | 21 | | obligor to name the child
covered by the order as a | 22 | | beneficiary of any health insurance plan that is
available | 23 | | to the insurance obligor on a group basis, or as a | 24 | | beneficiary of an
independent health insurance plan to be | 25 | | obtained by the insurance obligor, after
considering the | 26 | | following factors:
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| 1 | | (A) the medical needs of the child;
| 2 | | (B) the availability of a plan to meet those | 3 | | needs; and
| 4 | | (C) the cost of such a health insurance plan to the | 5 | | insurance obligor and insurance obligee .
| 6 | | (2) If the employer or labor union or trade union | 7 | | offers more than
one plan, the order shall require the | 8 | | insurance obligor to name the child as a
beneficiary of | 9 | | the plan in which the insurance obligor is enrolled.
| 10 | | (3) Nothing in this Section shall be construed to | 11 | | limit the authority of
the court to establish or modify a | 12 | | support order to provide for payment of
expenses, | 13 | | including deductibles, copayments and any other health | 14 | | expenses,
which are in addition to expenses covered by an | 15 | | insurance plan of which a
child is ordered to be named a | 16 | | beneficiary pursuant to this Section.
| 17 | | (c) Implementation and enforcement .
| 18 | | (1) When the court order requires that
a minor child | 19 | | be named as a beneficiary of a health insurance plan, | 20 | | other than
a health insurance plan available through an | 21 | | employer or labor union or trade
union, the insurance | 22 | | obligor shall provide written proof to the insurance | 23 | | obligee or Public Office
that the required insurance has | 24 | | been obtained , or that application for
insurability has | 25 | | been made, within 30 days of receiving notice of the court
| 26 | | order. Unless the obligor was present in court when the |
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| 1 | | order was issued,
notice of the order shall be given | 2 | | pursuant to Illinois Supreme Court Rules.
If an obligor | 3 | | fails to provide the required proof, he may be held in | 4 | | contempt
of court .
| 5 | | (2) When the court requires that a child be named as a
| 6 | | beneficiary of a health insurance plan available through | 7 | | an employer or
labor union or trade union, the court's | 8 | | order shall be implemented in
accordance with the Income | 9 | | Withholding for Support Act.
| 10 | | (2.5) (Blank). The court shall order the obligor to | 11 | | reimburse the obligee for 50% of the premium for placing | 12 | | the child on his or her health insurance policy if: | 13 | | (i) a health insurance plan
is not available to | 14 | | the obligor through an employer or labor union or
| 15 | | trade union and the court does not order the obligor to | 16 | | cover the child as a beneficiary of any health | 17 | | insurance plan that is
available to the obligor on a | 18 | | group basis or as a beneficiary of an
independent | 19 | | health insurance plan to be obtained by the obligor; | 20 | | or | 21 | | (ii) the obligor does not obtain medical insurance | 22 | | for the child within 90 days of the date of the court | 23 | | order requiring the obligor to obtain insurance for | 24 | | the child. | 25 | | The provisions of subparagraph (i) of paragraph 2.5 of | 26 | | subsection (c) shall be applied, unless the court makes a |
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| 1 | | finding that to apply those provisions would be | 2 | | inappropriate after considering all of the factors listed | 3 | | in paragraph 2 of subsection (a) of Section 505. | 4 | | The court may order the obligor to reimburse the | 5 | | obligee for 100% of the premium for placing the child on | 6 | | his or her health insurance policy. | 7 | | (d) Failure to maintain insurance. The dollar amount of | 8 | | the premiums
for court-ordered health insurance, or that | 9 | | portion of the premiums for
which the insurance obligor is | 10 | | responsible in the case of insurance provided under a
group | 11 | | health insurance plan through an employer or labor union or | 12 | | trade
union where the employer or labor union or trade union | 13 | | pays a portion of the
premiums, shall be considered an | 14 | | additional child support obligation owed by
the obligor . | 15 | | Whenever the insurance obligor fails to provide or maintain | 16 | | health
insurance pursuant to an order for support, the | 17 | | insurance obligor shall be liable to the
obligee for the | 18 | | dollar amount of the premiums which were not paid, and shall
| 19 | | also be liable for all medical expenses incurred by the child | 20 | | which
would
have been paid or reimbursed by the health | 21 | | insurance which the insurance obligor was
ordered to provide | 22 | | or maintain. In addition, the insurance obligee may petition | 23 | | the court
to modify the order based solely on the insurance | 24 | | obligor's failure to maintain or pay the premiums
for | 25 | | court-ordered health insurance for the child .
| 26 | | (e) Authorization for payment. The signature of the |
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| 1 | | insurance obligee is a valid
authorization to the insurer to | 2 | | process a claim for payment under the
insurance plan to the | 3 | | provider of the health insurance plan care services or to the | 4 | | insurance obligee.
| 5 | | (f) Disclosure of information. The insurance obligor's | 6 | | employer or labor union
or trade union shall disclose to the | 7 | | insurance obligee or Public Office, upon request,
information | 8 | | concerning any dependent coverage plans which would be made
| 9 | | available to a new employee or labor union member or trade | 10 | | union member. The
employer or labor union or trade union shall | 11 | | disclose such information whether
or not a court order for | 12 | | medical support has been entered.
| 13 | | (g) Employer obligations. If an insurance obligor a parent | 14 | | is required by an
order for support to provide health | 15 | | insurance coverage for a child child's health care
expenses | 16 | | and if that coverage is available to the insurance obligor | 17 | | parent through an employer
who does business in this State, | 18 | | the employer must do all of the
following upon receipt of a | 19 | | copy of the order of support or order for
withholding:
| 20 | | (1) The employer shall, upon the insurance obligor's | 21 | | parent's request, permit the insurance obligor parent to
| 22 | | include in that coverage a
child who is otherwise eligible | 23 | | for that coverage, without regard to any
enrollment season | 24 | | restrictions that might otherwise be applicable as
to the | 25 | | time period within which the child may be added to that | 26 | | coverage.
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| 1 | | (2) If the insurance obligor parent has health | 2 | | insurance care coverage through the employer but fails
to | 3 | | apply for coverage
for of the child, the employer shall | 4 | | include the child in the insurance obligor's parent's | 5 | | coverage
upon application by the insurance obligee child's | 6 | | other parent or the Department of
Healthcare and Family | 7 | | Services.
| 8 | | (3) The employer may not eliminate any child from the | 9 | | insurance obligor's parent's health insurance care
| 10 | | coverage unless : the employee is no longer employed by the | 11 | | employer and no
longer covered under the employer's group | 12 | | health plan ; the employer no longer provides a group | 13 | | health insurance plan to any employees; the child is no | 14 | | longer eligible for coverage due to federal or State | 15 | | restrictions; or unless the employer is
provided with | 16 | | satisfactory written evidence of
either of the following:
| 17 | | (A) The order for support is no longer in effect.
| 18 | | (B) The child is or will be included in a | 19 | | comparable health insurance care plan
obtained by the | 20 | | insurance obligor parent under such order that is | 21 | | currently in effect or will
take effect no later than | 22 | | the date the prior coverage is terminated.
| 23 | | The employer may eliminate a child from the insurance | 24 | | obligor's a parent's health insurance care plan
obtained | 25 | | by the insurance obligor parent under such order if the | 26 | | employer has eliminated
dependent health insurance care |
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| 1 | | coverage for all of its employees.
| 2 | | (Source: P.A. 94-923, eff. 1-1-07; 95-331, eff. 8-21-07.)
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