CERTIFICATION OF ENROLLMENT
ENGROSSED HOUSE BILL 1745
2001 Regular Legislative Session
Passed by the House March 9, 2001
Yeas 94 Nays 0
Speaker of the House of Representatives
Speaker of the House of Representatives
Passed by the Senate April 10, 2001
Yeas 48 Nays 0
We, Timothy A. Martin and Cynthia Zehnder, Co-Chief Clerks of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED HOUSE BILL 1745 as passed by the House of Representatives and the Senate on the dates hereon set forth.
President of the Senate
Governor of the State of Washington
Secretary of State
State of Washington
ENGROSSED HOUSE BILL 1745
Passed Legislature - 2001 Regular Session
State of Washington 57th Legislature 2001 Regular Session
By Representatives Lambert and Dickerson; by request of Department of Social and Health Services
Read first time 02/02/2001. Referred to Committee on Judiciary.
AN ACT Relating to child support technical amendments regarding medical support; amending RCW 26.18.170; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 26.18.170 and 2000 c 86 s 2 are each amended to read as follows:
(1) Whenever an obligor parent who has been ordered to provide health insurance coverage for a dependent child fails to provide such coverage or lets it lapse, the department or the obligee may seek enforcement of the coverage order as provided under this section.
(2)(a) If the obligor parent's order to provide health insurance coverage contains language notifying the obligor that failure to provide such coverage or proof that such coverage is unavailable may result in direct enforcement of the order and orders payments through, or has been submitted to, the Washington state support registry for enforcement, then the department may, without further notice to the obligor, send a notice of enrollment to the obligor's employer or union. The notice shall be served:
(i) By regular mail;
(ii) In the manner prescribed for the service of a summons in a civil action;
(iii) By certified mail, return receipt requested; or
(iv) By electronic means if there is an agreement between the secretary of the department and the person, firm, corporation, association, political subdivision, department of the state, or agency, subdivision, or instrumentality of the United States to accept service by electronic means.
(b) The notice shall require the employer or union to enroll the child in the health insurance plan as provided in subsection (3) of this section.
(c) The returned answer to the division of child support by the employer constitutes proof of service of the notice of enrollment in the case where the notice was served by regular mail.
(d) The division of
child support may use ((
uniform interstate forms adopted by the United States
department of health and human services)) the national medical support
notice to take insurance enrollment actions under this section. The
department may specify by rule the responsibilities of employers and plan
administrators to comply with the requirements of the national medical support
notice. The division of child support must, where appropriate, send the
national medical support notice with a notice of payroll deduction or income
withholding order within two days after a noncustodial parent is reported to
the Washington state support registry as a new hire.
(e) If the obligor parent's order to provide health insurance coverage does not order payments through, and has not been submitted to, the Washington state support registry for enforcement:
(i) The obligee may, without further notice to the obligor send a certified copy of the order requiring health insurance coverage to the obligor's employer or union by certified mail, return receipt requested; and
(ii) The obligee shall attach a notarized statement to the order declaring that the order is the latest order addressing coverage entered by the court and require the employer or union to enroll the child in the health insurance plan as provided in subsection (3) of this section.
(3) Upon receipt of an order that provides for health insurance coverage, or a notice of enrollment:
(a) The obligor's employer or union shall answer the party who sent the order or notice within twenty days and confirm that the child:
(i) Has been enrolled in the health insurance plan;
(ii) Will be enrolled; or
(iii) Cannot be covered, stating the reasons why such coverage cannot be provided;
(b) The employer or union shall withhold any required premium from the obligor's income or wages;
(c) If more than one plan is offered by the employer or union, and each plan may be extended to cover the child, then the child shall be enrolled in the obligor's plan. If the obligor's plan does not provide coverage which is accessible to the child, the child shall be enrolled in the least expensive plan otherwise available to the obligor parent;
(d) The employer or union shall provide information about the name of the health insurance coverage provider or issuer and the extent of coverage available to the obligee or the department and shall make available any necessary claim forms or enrollment membership cards.
(4) If the order for coverage contains no language notifying the obligor that failure to provide health insurance coverage or proof that such coverage is unavailable may result in direct enforcement of the order, the department or the obligee may serve a written notice of intent to enforce the order on the obligor by certified mail, return receipt requested, or by personal service. If the obligor fails to provide written proof that such coverage has been obtained or applied for or fails to provide proof that such coverage is unavailable within twenty days of service of the notice, the department or the obligee may proceed to enforce the order directly as provided in subsection (2) of this section.
(5) If the obligor ordered to provide health insurance coverage elects to provide coverage that will not be accessible to the child because of geographic or other limitations when accessible coverage is otherwise available, the department or the obligee may serve a written notice of intent to purchase health insurance coverage on the obligor by certified mail, return receipt requested. The notice shall also specify the type and cost of coverage.
(6) If the department serves a notice under subsection (5) of this section the obligor shall, within twenty days of the date of service:
(a) File an application for an adjudicative proceeding; or
(b) Provide written proof to the department that the obligor has either applied for, or obtained, coverage accessible to the child.
(7) If the obligee serves a notice under subsection (5) of this section, within twenty days of the date of service the obligor shall provide written proof to the obligee that the obligor has either applied for, or obtained, coverage accessible to the child.
(8) If the obligor fails to respond to a notice served under subsection (5) of this section to the party who served the notice, the party who served the notice may purchase the health insurance coverage specified in the notice directly. The amount of the monthly premium shall be added to the support debt and be collectible without further notice. The amount of the monthly premium may be collected or accrued until the obligor provides proof of the required coverage.
(9) The signature of the obligee or of a department employee shall be a valid authorization to the coverage provider or issuer for purposes of processing a payment to the child's health services provider. An order for health insurance coverage shall operate as an assignment of all benefit rights to the obligee or to the child's health services provider, and in any claim against the coverage provider or issuer, the obligee or the obligee's assignee shall be subrogated to the rights of the obligor. Notwithstanding the provisions of this section regarding assignment of benefits, this section shall not require a health care service contractor authorized under chapter 48.44 RCW or a health maintenance organization authorized under chapter 48.46 RCW to deviate from their contractual provisions and restrictions regarding reimbursement for covered services. If the coverage is terminated, the employer shall mail a notice of termination to the department or the obligee at the obligee's last known address within thirty days of the termination date.
(10) This section shall not be construed to limit the right of the obligor or the obligee to bring an action in superior court at any time to enforce, modify, or clarify the original support order.
(11) Where a child does not reside in the issuer's service area, an issuer shall cover no less than urgent and emergent care. Where the issuer offers broader coverage, whether by policy or reciprocal agreement, the issuer shall provide such coverage to any child otherwise covered that does not reside in the issuer's service area.
(12) If an obligor fails to pay his or her portion of any deductible required under the health insurance coverage or fails to pay his or her portion of medical expenses incurred in excess of the coverage provided under the plan, the department or the obligee may enforce collection of the obligor's portion of the deductible or the additional medical expenses through a wage assignment order. The amount of the deductible or additional medical expenses shall be added to the support debt and be collectible without further notice if the obligor's share of the amount of the deductible or additional expenses is reduced to a sum certain in a court order.
NEW SECTION. Sec. 2. (1) The legislature's delegation of authority to an agency under this act is strictly limited to:
(a) The minimum delegation necessary to administer the act's clear and unambiguous directives; and
(b) The administration of circumstances and behaviors foreseeable at the time of enactment.
(2) Agency actions or rules authorized by this act are subject to the following additional standards of judicial review, which supercede RCW 34.05.570 (1) and (2) to the extent of any conflict:
(a) Agencies bear the burden of demonstrating that the agency action:
(i) Was authorized by law; and
(ii) Was valid, when the interest of a party asserting invalidity arises from agency actions imposing a penalty on the asserting party;
(b) The validity of a rule may be determined upon petition for declaratory judgment addressed to any superior court in this state; and
(c) In determining whether, under RCW 34.05.570(2)(c), a rule exceeds the agency's statutory authority, the court must also consider whether the rule exceeds the limited delegation under subsection (1) of this section.
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