454.633. Failure to maintain coverage, liability, effect--parents' joint liability for medical care--action to collect percentage. - Missouri Statutes

Failure to maintain coverage, liability, effect--parents' jointliability for medical care--action to collect percentage.

454.633. 1. An obligor who fails to maintain the healthbenefit plan coverage for the benefit of a minor child as orderedpursuant to sections 454.600 to 454.645 shall be liable to theobligee or to the state of Missouri for any medical and dentalexpenses or health benefit plan employee contributions orpremiums incurred or paid by the obligee or the state, from thedate of the court or administrative order.

2. Proof of failure to maintain health benefit plancoverage as ordered constitutes a showing of increased need bythe obligee and provides a basis for an increase of the obligor'schild support order.

3. As between a health care provider and the parents of achild, the parents shall be jointly and severally liable to theprovider for the reasonable costs of the child's necessarymedical care. As between parents, responsibility for the child'scare expenses that are not covered by a health benefit plan maybe equitably apportioned between the parents by the court or thedivision, in percentage shares based on their income, or based ona written agreement of the parties. If the order or agreementfails to designate the shares applicable to the parents, theneach parent shall be liable for fifty percent of such expenses.

4. The director is hereby authorized to bring an action incircuit court on behalf of the custodial parent to collect fromthe obligor the appropriate percentage share of medical careexpenses which were paid by the obligee and were not covered by ahealth care benefit plan.

(L. 1993 S.B. 253 § 14)

Effective 5-26-93