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(750 ILCS 5/505.2)
(from Ch. 40, par. 505.2)
(a) Definitions. As used in this Section:
(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 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 Attorneys, Clerks of the Circuit Court and supervisors of general assistance.
(4) "Child" shall have the meaning ascribed to it in
(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.
(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 coverage of the child which shall 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, the court may 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:
(A) the medical needs of the child;
(B) the availability of a plan to meet those
(C) the cost of such health insurance plan to the
insurance obligor and insurance obligee.
(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.
(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.
(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.
(2) When the court requires that a child be named as
a 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.
(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. Whenever the insurance obligor fails to provide or maintain health
insurance pursuant to an order for support, the insurance obligor shall be liable for all medical expenses incurred by the child which
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.
(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 or to the insurance obligee.
(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
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.
(g) Employer obligations. If an insurance obligor is required by an
order for support to provide health insurance coverage for a child and if that coverage is available to the insurance obligor 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
(1) The employer shall, upon the insurance obligor's
request, permit the insurance obligor to 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.
(2) If the insurance obligor has health insurance
coverage through the employer but fails to apply for coverage for the child, the employer shall include the child in the insurance obligor's coverage upon application by the insurance obligee or the Department of Healthcare and Family Services.
(3) The employer may not eliminate any child from the
insurance obligor's health insurance 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:
(A) The order for support is no longer in effect.
(B) The child is or will be included in a
comparable health insurance plan obtained by the insurance obligor under such order that is currently in effect or will take effect no later than the date the prior coverage is terminated.
The employer may eliminate a child from the insurance
obligor's health insurance plan obtained by the insurance obligor under such order if the employer has eliminated dependent health insurance coverage for all of its employees.
(Source: P.A. 102-87, eff. 1-1-22