SECTIONS 3750-3753 - California Statutes

FAMILY.CODE

SECTION 3750-3753

3750. "Health insurance coverage" as used in this article includes
all of the following:
(a) Vision care and dental care coverage whether the vision care
or dental care coverage is part of existing health insurance coverage
or is issued as a separate policy or plan.
(b) Provision for the delivery of health care services by a fee
for service, health maintenance organization, preferred provider
organization, or any other type of health care delivery system under
which medical services could be provided to a dependent child of an
absent parent.

3751. (a) (1) Support orders issued or modified pursuant to this
chapter shall include a provision requiring the child support obligor
to keep the agency designated under Title IV-D of the Social
Security Act (42 U.S.C. Sec. 651 et seq.) informed of whether the
obligor has health insurance coverage at a reasonable cost and, if
so, the health insurance policy information.
(2) In any case in which an amount is set for current support, the
court shall require that health insurance coverage for a supported
child shall be maintained by either or both parents if that insurance
is available at no cost or at a reasonable cost to the parent.
Health insurance coverage shall be rebuttably presumed to be
reasonable in cost if the cost to the responsible parent providing
medical support does not exceed 5 percent of his or her gross income.
In applying the 5 percent for the cost of health insurance, the cost
is the difference between self-only and family coverage. If the
obligor is entitled to a low-income adjustment as provided in
paragraph (7) of subdivision (b) of Section 4055, medical support
shall be deemed not reasonable, unless the court determines that not
requiring medical support would be unjust and inappropriate in the
particular case. If the court determines that the cost of health
insurance coverage is not reasonable, the court shall state its
reasons on the record. If the court determines that, although the
obligor is entitled to a low-income adjustment, not requiring medical
support would be unjust and inappropriate, the court shall state its
reasons on the record.
(b) If the court determines that health insurance coverage is not
available at no cost or at a reasonable cost, the court's order for
support shall contain a provision that specifies that health
insurance coverage shall be obtained if it becomes available at no
cost or at a reasonable cost. Upon health insurance coverage at no
cost or at a reasonable cost becoming available to a parent, the
parent shall apply for that coverage.
(c) The court's order for support shall require the parent who, at
the time of the order or subsequently, provides health insurance
coverage for a supported child to seek continuation of coverage for
the child upon attainment of the limiting age for a dependent child
under the health insurance coverage if the child meets the criteria
specified under Section 1373 of the Health and Safety Code or Section
10277 or 10278 of the Insurance Code and that health insurance
coverage is available at no cost or at a reasonable cost to the
parent or parents, as applicable.

3751.5. (a) Notwithstanding any other provision of law, an employer
or insurer shall not deny enrollment of a child under the health
insurance coverage of a child's parent on any of the following
grounds:
(1) The child was born out of wedlock.
(2) The child is not claimed as a dependent on the parent's
federal income tax return.
(3) The child does not reside with the parent or within the
insurer's service area.
(b) Notwithstanding any other provision of law, in any case in
which a parent is required by a court or administrative order to
provide health insurance coverage for a child and the parent is
eligible for family health coverage through an employer or an
insurer, the employer or insurer shall do all of the following, as
applicable:
(1) Permit the parent to enroll under health insurance coverage
any child who is otherwise eligible to enroll for that coverage,
without regard to any enrollment period restrictions.
(2) If the parent is enrolled in health insurance coverage but
fails to apply to obtain coverage of the child, enroll that child
under the health coverage upon presentation of the court order or
request by the local child support agency, the other parent or person
having custody of the child, or the Medi-Cal program.
(3) The employer or insurer shall not disenroll or eliminate
coverage of a child unless either of the following applies:
(A) The employer has eliminated family health insurance coverage
for all of the employer's employees.
(B) The employer or insurer is provided with satisfactory written
evidence that either of the following apply:
(i) The court order or administrative order is no longer in effect
or is terminated pursuant to Section 3770.
(ii) The child is or will be enrolled in comparable health
insurance coverage through another insurer that will take effect not
later than the effective date of the child's disenrollment.
(c) In any case in which health insurance coverage is provided for
a child pursuant to a court or administrative order, the insurer
shall do all of the following:
(1) Provide any information, including, but not limited to, the
health insurance membership or identification card regarding the
child, the evidence of coverage and disclosure form, and any other
information provided to the covered parent about the child's health
care coverage to the noncovered parent having custody of the child or
any other person having custody of the child and to the local child
support agency when requested by the local child support agency.
(2) Permit the noncovered parent or person having custody of the
child, or a provider with the approval of the noncovered parent or
person having custody, to submit claims for covered services without
the approval of the covered parent.
(3) Make payment on claims submitted in accordance with
subparagraph (2) directly to the noncovered parent or person having
custody, the provider, or to the Medi-Cal program. Payment on claims
for services provided to the child shall be made to the covered
parent for claims submitted or paid by the covered parent.
(d) For purposes of this section, "insurer" includes every health
care service plan, self-insured welfare benefit plan, including those
regulated pursuant to the Employee Retirement Income Security Act of
1974 (29 U.S.C. Sec. 1001, et seq.), self-funded employer plan,
disability insurer, nonprofit hospital service plan, labor union
trust fund, employer, and any other similar plan, insurer, or entity
offering a health coverage plan.
(e) For purposes of this section, "person having custody of the
child" is defined as a legal guardian, a caregiver who is authorized
to enroll the child in school or to authorize medical care for the
child pursuant to Section 6550, or a person with whom the child
resides.
(f) For purposes of this section, "employer" has the meaning
provided in Section 5210.
(g) For purposes of this section, the insurer shall notify the
covered parent and noncovered parent having custody of the child or
any other person having custody of the child in writing at any time
that health insurance for the child is terminated.
(h) The requirements of subdivision (g) shall not apply unless the
court, employer, or person having custody of the child provides the
insurer with one of the following:
(1) A qualified medical child support order that meets the
requirements of subdivision (a) of Section 1169 of Title 29 of the
United States Code.
(2) A health insurance coverage assignment or assignment order
made pursuant to Section 3761.
(3) A national medical support notice made pursuant to Section
3773.
(i) The noncovered parent or person having custody of the child
may contact the insurer, by telephone or in writing, and request
information about the health insurance coverage for the child. Upon
request of the noncovered parent or person having custody of the
child, the insurer shall provide the requested information that is
specific to the health insurance coverage for the child.

3752. (a) If the local child support agency has been designated as
the assigned payee for child support, the court shall order the
parent to notify the local child support agency upon applying for and
obtaining health insurance coverage for the child within a
reasonable period of time.
(b) The local child support agency shall obtain a completed
medical form from the parent in accordance with Section 17422 and
shall forward the completed form to the State Department of Health
Services.
(c) In those cases where the local child support agency is
providing medical support enforcement services, the local child
support agency shall provide the parent or person having custody of
the child with information pertaining to the health insurance policy
that has been secured for the child.

3752.5. (a) A child support order issued or modified pursuant to
this division shall include a provision requiring the child support
obligor to keep the obligee informed of whether the obligor has
health insurance made available through the obligor's employer or has
other group health insurance and, if so, the health insurance policy
information. The support obligee under a child support order shall
inform the support obligor of whether the obligee has health
insurance made available through the employer or other group health
insurance and, if so, the health insurance policy information.
(b) A child support order issued or modified pursuant to this
division shall include a provision requiring the child support
obligor and obligee to provide the information described in
subdivision (a) for a child or an adult who meets the criteria for
continuation of health insurance coverage upon attaining the limiting
age pursuant to Section 1373 of the Health and Safety Code or
Section 10277 or 10278 of the Insurance Code.
(c) The Judicial Council shall modify the form of the order for
health insurance coverage (family law) to notify child support
obligors of the requirements of this section and of Section 3752.
Notwithstanding any other provision of law, the Judicial Council
shall not be required to modify the form of the order for health
insurance coverage (family law) to include the provisions described
in subdivision (b) until January 1, 2010.

3753. The cost of the health insurance shall be in addition to the
child support amount ordered under Article 2 (commencing with Section
4050), with allowance for the costs of health insurance actually
obtained given due consideration under subdivision (d) of Section
4059.