SB0258 EnrolledLRB102 04374 LNS 14392 b

1    AN ACT concerning civil law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Marriage and Dissolution of
5Marriage 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
8the premiums for court-ordered health insurance, or that
9portion of the premiums for which the insurance obligor is
10responsible in the case of insurance provided under a group
11health insurance plan through an employer or labor union or
12trade union where the employer or labor union or trade union
13pays a portion of the premiums, shall be considered an
14additional child support obligation owed by the obligor.
15Whenever the insurance obligor fails to provide or maintain
16health insurance pursuant to an order for support, the
17insurance obligor shall be liable to the obligee for the
18dollar amount of the premiums which were not paid, and shall
19also be liable for all medical expenses incurred by the child
20which would have been paid or reimbursed by the health
21insurance which the insurance obligor was ordered to provide
22or maintain. In addition, the insurance obligee may petition
23the court to modify the order based solely on the insurance
24obligor's failure to maintain or pay the premiums for
25court-ordered health insurance for the child.
26    (e) Authorization for payment. The signature of the



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1insurance obligee is a valid authorization to the insurer to
2process a claim for payment under the insurance plan to the
3provider of the health insurance plan care services or to the
4insurance obligee.
5    (f) Disclosure of information. The insurance obligor's
6employer or labor union or trade union shall disclose to the
7insurance obligee or Public Office, upon request, information
8concerning any dependent coverage plans which would be made
9available to a new employee or labor union member or trade
10union member. The employer or labor union or trade union shall
11disclose such information whether or not a court order for
12medical support has been entered.
13    (g) Employer obligations. If an insurance obligor a parent
14is required by an order for support to provide health
15insurance coverage for a child child's health care expenses
16and if that coverage is available to the insurance obligor
17parent through an employer who does business in this State,
18the employer must do all of the following upon receipt of a
19copy 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.)