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| Public Act 102-0087 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Marriage and Dissolution of | ||||
Marriage Act is amended by changing Section 505.2 as follows:
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(750 ILCS 5/505.2) (from Ch. 40, par. 505.2)
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Sec. 505.2. Health insurance.
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(a) Definitions. As used in this Section:
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(1) (Blank). "Obligee" means the individual to whom | ||||
the duty of support is owed or
the individual's legal | ||||
representative.
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(2) (Blank). "Obligor" means the individual who owes a | ||||
duty of support pursuant
to an order for support.
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(3) "Public office" means any elected official or any | ||||
State or local
agency which is or may become responsible | ||||
by law for enforcement of, or
which is or may become | ||||
authorized to enforce, an order for support,
including, | ||||
but not limited to: the Attorney General, the Illinois
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Department of Healthcare and Family Services, the Illinois | ||||
Department of Human Services, the
Illinois Department of | ||||
Children and Family Services, and the various State's
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Attorneys, Clerks of the Circuit Court and supervisors of | ||||
general assistance.
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(4) "Child" shall have the meaning ascribed to it in | ||
Section 505. | ||
(5) "Insurance obligee" means any individual to whom | ||
the health insurance obligation is owed on behalf of the | ||
child. | ||
(6) "Insurance obligor" means any individual who has | ||
an obligation to provide health insurance for the child.
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(b) Order.
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(1) Whenever the court establishes, modifies or | ||
enforces an
order for child support or for child support | ||
and maintenance the court
shall include in the order a | ||
provision for the health insurance care coverage of the
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child which shall, upon request of the obligee or Public | ||
Office, require that
any child
covered by the order be | ||
named as a beneficiary of any health insurance plan that | ||
is available to the insurance obligor through an employer | ||
or labor union or
trade union. If the court finds that such | ||
a plan is not available to the
obligor, or that the plan is | ||
not accessible to the obligee, the court may, upon
request | ||
of the obligee or Public Office, order the insurance | ||
obligor to name the child
covered by the order as a | ||
beneficiary of any health insurance plan that is
available | ||
to the insurance obligor on a group basis, or as a | ||
beneficiary of an
independent health insurance plan to be | ||
obtained by the insurance obligor, after
considering the | ||
following factors:
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(A) the medical needs of the child;
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(B) the availability of a plan to meet those | ||
needs; and
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(C) the cost of such a health insurance plan to the | ||
insurance obligor and insurance obligee.
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(2) If the employer or labor union or trade union | ||
offers more than
one plan, the order shall require the | ||
insurance obligor to name the child as a
beneficiary of | ||
the plan in which the insurance obligor is enrolled.
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(3) Nothing in this Section shall be construed to | ||
limit the authority of
the court to establish or modify a | ||
support order to provide for payment of
expenses, | ||
including deductibles, copayments and any other health | ||
expenses,
which are in addition to expenses covered by an | ||
insurance plan of which a
child is ordered to be named a | ||
beneficiary pursuant to this Section.
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(c) Implementation and enforcement.
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(1) When the court order requires that
a minor child | ||
be named as a beneficiary of a health insurance plan, | ||
other than
a health insurance plan available through an | ||
employer or labor union or trade
union, the insurance | ||
obligor shall provide written proof to the insurance | ||
obligee or Public Office
that the required insurance has | ||
been obtained, or that application for
insurability has | ||
been made, within 30 days of receiving notice of the court
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order. Unless the obligor was present in court when the | ||
order was issued,
notice of the order shall be given | ||
pursuant to Illinois Supreme Court Rules.
If an obligor | ||
fails to provide the required proof, he may be held in | ||
contempt
of court.
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(2) When the court requires that a child be named as a
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beneficiary of a health insurance plan available through | ||
an employer or
labor union or trade union, the court's | ||
order shall be implemented in
accordance with the Income | ||
Withholding for Support Act.
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(2.5) (Blank). The court shall order the obligor to | ||
reimburse the obligee for 50% of the premium for placing | ||
the child on his or her health insurance policy if: | ||
(i) a health insurance plan
is not available to | ||
the obligor through an employer or labor union or
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trade union and the court does not order the obligor to | ||
cover the child as a beneficiary of any health | ||
insurance plan that is
available to the obligor on a | ||
group basis or as a beneficiary of an
independent | ||
health insurance plan to be obtained by the obligor; | ||
or | ||
(ii) the obligor does not obtain medical insurance | ||
for the child within 90 days of the date of the court | ||
order requiring the obligor to obtain insurance for | ||
the child. | ||
The provisions of subparagraph (i) of paragraph 2.5 of | ||
subsection (c) shall be applied, unless the court makes a | ||
finding that to apply those provisions would be | ||
inappropriate after considering all of the factors listed | ||
in paragraph 2 of subsection (a) of Section 505. | ||
The court may order the obligor to reimburse the | ||
obligee for 100% of the premium for placing the child on | ||
his or her health insurance policy. | ||
(d) Failure to maintain insurance. The dollar amount of | ||
the premiums
for court-ordered health insurance, or that | ||
portion of the premiums for
which the insurance obligor is | ||
responsible in the case of insurance provided under a
group | ||
health insurance plan through an employer or labor union or | ||
trade
union where the employer or labor union or trade union | ||
pays a portion of the
premiums, shall be considered an | ||
additional child support obligation owed by
the obligor. | ||
Whenever the insurance obligor fails to provide or maintain | ||
health
insurance pursuant to an order for support, the | ||
insurance obligor shall be liable to the
obligee for the | ||
dollar amount of the premiums which were not paid, and shall
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also be liable for all medical expenses incurred by the child | ||
which
would
have been paid or reimbursed by the health | ||
insurance which the insurance obligor was
ordered to provide | ||
or maintain. In addition, the insurance obligee may petition | ||
the court
to modify the order based solely on the insurance | ||
obligor's failure to maintain or pay the premiums
for | ||
court-ordered health insurance for the child.
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(e) Authorization for payment. The signature of the | ||
insurance obligee is a valid
authorization to the insurer to | ||
process a claim for payment under the
insurance plan to the | ||
provider of the health insurance plan care services or to the | ||
insurance obligee.
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(f) Disclosure of information. The insurance obligor's | ||
employer or labor union
or trade union shall disclose to the | ||
insurance obligee or Public Office, upon request,
information | ||
concerning any dependent coverage plans which would be made
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available to a new employee or labor union member or trade | ||
union member. The
employer or labor union or trade union shall | ||
disclose such information whether
or not a court order for | ||
medical support has been entered.
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(g) Employer obligations. If an insurance obligor a parent | ||
is required by an
order for support to provide health | ||
insurance coverage for a child child's health care
expenses | ||
and if that coverage is available to the insurance obligor | ||
parent through an employer
who does business in this State, | ||
the employer must do all of the
following upon receipt of a | ||
copy of the order of support or order for
withholding:
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(1) The employer shall, upon the insurance obligor's | ||
parent's request, permit the insurance obligor parent to
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include in that coverage a
child who is otherwise eligible | ||
for that coverage, without regard to any
enrollment season | ||
restrictions that might otherwise be applicable as
to the | ||
time period within which the child may be added to that | ||
coverage.
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(2) If the insurance obligor parent has health | ||
insurance care coverage through the employer but fails
to | ||
apply for coverage
for of the child, the employer shall | ||
include the child in the insurance obligor's parent's | ||
coverage
upon application by the insurance obligee child's | ||
other parent or the Department of
Healthcare and Family | ||
Services.
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(3) The employer may not eliminate any child from the | ||
insurance obligor's parent's health insurance care
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coverage unless: the employee is no longer employed by the | ||
employer and no
longer covered under the employer's group | ||
health plan; the employer no longer provides a group | ||
health insurance plan to any employees; the child is no | ||
longer eligible for coverage due to federal or State | ||
restrictions; or unless the employer is
provided with | ||
satisfactory written evidence of
either of the following:
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(A) The order for support is no longer in effect.
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(B) The child is or will be included in a | ||
comparable health insurance care plan
obtained by the | ||
insurance obligor parent under such order that is | ||
currently in effect or will
take effect no later than | ||
the date the prior coverage is terminated.
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The employer may eliminate a child from the insurance | ||
obligor's a parent's health insurance care plan
obtained | ||
by the insurance obligor parent under such order if the | ||
employer has eliminated
dependent health insurance care | ||
coverage for all of its employees.
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(Source: P.A. 94-923, eff. 1-1-07; 95-331, eff. 8-21-07.)
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