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90_SB1055
750 ILCS 5/505.2 from Ch. 40, par. 505.2
Amends the Illinois Marriage and Dissolution of Marriage
Act. Makes a stylistic change in provisions relating to
health insurance.
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1 AN ACT to amend the Illinois Marriage and Dissolution of
2 Marriage Act by changing Section 505.2.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Marriage and Dissolution of
6 Marriage Act is amended by changing Section 505.2 as follows:
7 (750 ILCS 5/505.2) (from Ch. 40, par. 505.2)
8 (Text of Section before amendment by P.A. 89-507)
9 Sec. 505.2. Health insurance.
10 (a) Definitions. As used in this Section:
11 (1) "Obligee" means the individual to whom a the
12 duty of support is owed or the individual's legal
13 representative.
14 (2) "Obligor" means the individual who owes a duty
15 of support pursuant to an order for support.
16 (3) "Public office" means any elected official or
17 any State or local agency which is or may become
18 responsible by law for enforcement of, or which is or may
19 become authorized to enforce, an order for support,
20 including, but not limited to: the Attorney General, the
21 Illinois Department of Public Aid, the Illinois
22 Department of Mental Health and Developmental
23 Disabilities, the Illinois Department of Children and
24 Family Services, and the various State's Attorneys,
25 Clerks of the Circuit Court and supervisors of general
26 assistance.
27 (b) Order.
28 (1) Whenever the court establishes, modifies or
29 enforces an order for child support or for child support
30 and maintenance the court shall, upon request of the
31 obligee or Public Office, order that any child covered by
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1 the order be named as a beneficiary of any health
2 insurance plan that is available to the obligor through
3 an employer or labor union or trade union. If the court
4 finds that such a plan is not available to the obligor,
5 or that the plan is not accessible to the obligee, the
6 court may, upon request of the obligee or Public Office,
7 order the obligor to name the child covered by the order
8 as a beneficiary of any health insurance plan that is
9 available to the obligor on a group basis, or as a
10 beneficiary of an independent health insurance plan to be
11 obtained by the obligor, after considering the following
12 factors:
13 (A) the medical needs of the child;
14 (B) the availability of a plan to meet those
15 needs; and
16 (C) the cost of such a plan to the obligor.
17 (2) If the employer or labor union or trade union
18 offers more than one plan, the order shall require the
19 obligor to name the child as a beneficiary of the plan in
20 which the obligor is enrolled.
21 (3) Nothing in this Section shall be construed to
22 limit the authority of the court to establish or modify a
23 support order to provide for payment of expenses,
24 including deductibles, copayments and any other health
25 expenses, which are in addition to expenses covered by an
26 insurance plan of which a child is ordered to be named a
27 beneficiary pursuant to this Section.
28 (c) Implementation and enforcement.
29 (1) When the court order requires that a minor
30 child be named as a beneficiary of a health insurance
31 plan, other than a health insurance plan available
32 through an employer or labor union or trade union, the
33 obligor shall provide written proof to the obligee or
34 Public Office that the required insurance has been
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1 obtained, or that application for insurability has been
2 made, within 30 days of receiving notice of the court
3 order. Unless the obligor was present in court when the
4 order was issued, notice of the order shall be given
5 pursuant to Illinois Supreme Court Rules. If an obligor
6 fails to provide the required proof, he may be held in
7 contempt of court.
8 (2) When the court requires that a minor child be
9 named as a beneficiary of a health insurance plan
10 available through an employer or labor union or trade
11 union, the court's order shall be implemented in
12 accordance with Section 706.1, as now or hereafter
13 amended.
14 (d) Failure to maintain insurance. The dollar amount of
15 the premiums for court-ordered health insurance, or that
16 portion of the premiums for which the obligor is responsible
17 in the case of insurance provided under a group health
18 insurance plan through an employer or labor union or trade
19 union where the employer or labor union or trade union pays a
20 portion of the premiums, shall be considered an additional
21 child support obligation owed by the obligor. Whenever the
22 obligor fails to provide or maintain health insurance
23 pursuant to an order for support, the obligor shall be liable
24 to the obligee for the dollar amount of the premiums which
25 were not paid, and shall also be liable for all medical
26 expenses incurred by the minor child which would have been
27 paid or reimbursed by the health insurance which the obligor
28 was ordered to provide or maintain. In addition, the obligee
29 may petition the court to modify the order based solely on
30 the obligor's failure to pay the premiums for court-ordered
31 health insurance.
32 (e) Authorization for payment. The signature of the
33 obligee is a valid authorization to the insurer to process a
34 claim for payment under the insurance plan to the provider of
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1 the health care services or to the obligee.
2 (f) Disclosure of information. The obligor's employer
3 or labor union or trade union shall disclose to the obligee
4 or Public Office, upon request, information concerning any
5 dependent coverage plans which would be made available to a
6 new employee or labor union member or trade union member.
7 The employer or labor union or trade union shall disclose
8 such information whether or not a court order for medical
9 support has been entered.
10 (g) Employer obligations. If a parent is required by an
11 order for support to provide coverage for a child's health
12 care expenses and if that coverage is available to the parent
13 through an employer who does business in this State, the
14 employer must do all of the following upon receipt of a copy
15 of the order of support or order for withholding:
16 (1) The employer shall, upon the parent's request,
17 permit the parent to include in that coverage a child who
18 is otherwise eligible for that coverage, without regard
19 to any enrollment season restrictions that might
20 otherwise be applicable as to the time period within
21 which the child may be added to that coverage.
22 (2) If the parent has health care coverage through
23 the employer but fails to apply for coverage of the
24 child, the employer shall include the child in the
25 parent's coverage upon application by the child's other
26 parent or the Illinois Department of Public Aid.
27 (3) The employer may not eliminate any child from
28 the parent's health care coverage unless the employee is
29 no longer employed by the employer and no longer covered
30 under the employer's group health plan or unless the
31 employer is provided with satisfactory written evidence
32 of either of the following:
33 (A) The order for support is no longer in
34 effect.
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1 (B) The child is or will be included in a
2 comparable health care plan obtained by the parent
3 under such order that is currently in effect or will
4 take effect no later than the date the prior
5 coverage is terminated.
6 The employer may eliminate a child from a parent's
7 health care plan obtained by the parent under such order
8 if the employer has eliminated dependent health care
9 coverage for all of its employees.
10 (Source: P.A. 89-183, eff. 1-1-96; 89-626, eff. 8-9-96.)
11 (Text of Section after amendment by P.A. 89-507)
12 Sec. 505.2. Health insurance.
13 (a) Definitions. As used in this Section:
14 (1) "Obligee" means the individual to whom a the
15 duty of support is owed or the individual's legal
16 representative.
17 (2) "Obligor" means the individual who owes a duty
18 of support pursuant to an order for support.
19 (3) "Public office" means any elected official or
20 any State or local agency which is or may become
21 responsible by law for enforcement of, or which is or may
22 become authorized to enforce, an order for support,
23 including, but not limited to: the Attorney General, the
24 Illinois Department of Public Aid, the Illinois
25 Department of Human Services, the Illinois Department of
26 Children and Family Services, and the various State's
27 Attorneys, Clerks of the Circuit Court and supervisors of
28 general assistance.
29 (b) Order.
30 (1) Whenever the court establishes, modifies or
31 enforces an order for child support or for child support
32 and maintenance the court shall, upon request of the
33 obligee or Public Office, order that any child covered by
34 the order be named as a beneficiary of any health
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1 insurance plan that is available to the obligor through
2 an employer or labor union or trade union. If the court
3 finds that such a plan is not available to the obligor,
4 or that the plan is not accessible to the obligee, the
5 court may, upon request of the obligee or Public Office,
6 order the obligor to name the child covered by the order
7 as a beneficiary of any health insurance plan that is
8 available to the obligor on a group basis, or as a
9 beneficiary of an independent health insurance plan to be
10 obtained by the obligor, after considering the following
11 factors:
12 (A) the medical needs of the child;
13 (B) the availability of a plan to meet those
14 needs; and
15 (C) the cost of such a plan to the obligor.
16 (2) If the employer or labor union or trade union
17 offers more than one plan, the order shall require the
18 obligor to name the child as a beneficiary of the plan in
19 which the obligor is enrolled.
20 (3) Nothing in this Section shall be construed to
21 limit the authority of the court to establish or modify a
22 support order to provide for payment of expenses,
23 including deductibles, copayments and any other health
24 expenses, which are in addition to expenses covered by an
25 insurance plan of which a child is ordered to be named a
26 beneficiary pursuant to this Section.
27 (c) Implementation and enforcement.
28 (1) When the court order requires that a minor
29 child be named as a beneficiary of a health insurance
30 plan, other than a health insurance plan available
31 through an employer or labor union or trade union, the
32 obligor shall provide written proof to the obligee or
33 Public Office that the required insurance has been
34 obtained, or that application for insurability has been
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1 made, within 30 days of receiving notice of the court
2 order. Unless the obligor was present in court when the
3 order was issued, notice of the order shall be given
4 pursuant to Illinois Supreme Court Rules. If an obligor
5 fails to provide the required proof, he may be held in
6 contempt of court.
7 (2) When the court requires that a minor child be
8 named as a beneficiary of a health insurance plan
9 available through an employer or labor union or trade
10 union, the court's order shall be implemented in
11 accordance with Section 706.1, as now or hereafter
12 amended.
13 (d) Failure to maintain insurance. The dollar amount of
14 the premiums for court-ordered health insurance, or that
15 portion of the premiums for which the obligor is responsible
16 in the case of insurance provided under a group health
17 insurance plan through an employer or labor union or trade
18 union where the employer or labor union or trade union pays a
19 portion of the premiums, shall be considered an additional
20 child support obligation owed by the obligor. Whenever the
21 obligor fails to provide or maintain health insurance
22 pursuant to an order for support, the obligor shall be liable
23 to the obligee for the dollar amount of the premiums which
24 were not paid, and shall also be liable for all medical
25 expenses incurred by the minor child which would have been
26 paid or reimbursed by the health insurance which the obligor
27 was ordered to provide or maintain. In addition, the obligee
28 may petition the court to modify the order based solely on
29 the obligor's failure to pay the premiums for court-ordered
30 health insurance.
31 (e) Authorization for payment. The signature of the
32 obligee is a valid authorization to the insurer to process a
33 claim for payment under the insurance plan to the provider of
34 the health care services or to the obligee.
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1 (f) Disclosure of information. The obligor's employer
2 or labor union or trade union shall disclose to the obligee
3 or Public Office, upon request, information concerning any
4 dependent coverage plans which would be made available to a
5 new employee or labor union member or trade union member.
6 The employer or labor union or trade union shall disclose
7 such information whether or not a court order for medical
8 support has been entered.
9 (g) Employer obligations. If a parent is required by an
10 order for support to provide coverage for a child's health
11 care expenses and if that coverage is available to the parent
12 through an employer who does business in this State, the
13 employer must do all of the following upon receipt of a copy
14 of the order of support or order for withholding:
15 (1) The employer shall, upon the parent's request,
16 permit the parent to include in that coverage a child who
17 is otherwise eligible for that coverage, without regard
18 to any enrollment season restrictions that might
19 otherwise be applicable as to the time period within
20 which the child may be added to that coverage.
21 (2) If the parent has health care coverage through
22 the employer but fails to apply for coverage of the
23 child, the employer shall include the child in the
24 parent's coverage upon application by the child's other
25 parent or the Illinois Department of Public Aid.
26 (3) The employer may not eliminate any child from
27 the parent's health care coverage unless the employee is
28 no longer employed by the employer and no longer covered
29 under the employer's group health plan or unless the
30 employer is provided with satisfactory written evidence
31 of either of the following:
32 (A) The order for support is no longer in
33 effect.
34 (B) The child is or will be included in a
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1 comparable health care plan obtained by the parent
2 under such order that is currently in effect or will
3 take effect no later than the date the prior
4 coverage is terminated.
5 The employer may eliminate a child from a parent's
6 health care plan obtained by the parent under such order
7 if the employer has eliminated dependent health care
8 coverage for all of its employees.
9 (Source: P.A. 89-183, eff. 1-1-96; 89-507, eff. 7-1-97;
10 89-626, eff. 8-9-96.)