FINAL BILL REPORT

SHB 1547

PARTIAL VETO

                                  C 416 L 89

BYHouse Committee on Judiciary (originally sponsored by Representatives Schmidt, Appelwick, Moyer, Brough, Van Luven and Schoon; by request of Department of Social and Health Services)

Providing for medical support enforcement.

House Committe on Judiciary

Senate Committee on Law & Justice

SYNOPSIS AS ENACTED

BACKGROUND:

A court entering or modifying an order for child support in a dissolution proceeding must also order either or both parents to provide health insurance coverage for the child if health insurance coverage is available through a parent's employer or union and the employer or union will pay all or a portion of the cost of the premium for the child.

An order of child support may generally be modified only upon a showing of a substantial change of circumstances.  An order of support may be amended without a showing of a substantial change in circumstances in cases where a severe hardship exists, the amount of support needs adjusting because the child is in a different age category for purposes of a schedule, support needs to be extended through high school, or an automatic adjustment of support provision is being added.

SUMMARY:

A court entering or modifying an order for child support in a dissolution proceeding, or in a proceeding under the Uniform Parentage Act, must order either or both parents to provide health insurance coverage for the child.  If the Department of Social and Health Services administratively establishes or modifies a support obligation, the department must also require the provision of health insurance coverage.  The coverage must be provided if the coverage is or becomes available to the parent through the parent's employer or union and the premium is not more than 25 percent of the basic child support obligation. If it is in the best interests of the child, the court may order health insurance coverage even though the premium exceeds 25 percent of the basic support obligation.  The support order must contain a statement advising the parent of the obligation to provide health insurance coverage and that the obligation may be directly enforced if proof of insurance is not provided within 20 days.

Health insurance must be maintained until further order of the court or until the child is emancipated.  The obligation ceases if health insurance coverage is no longer available through the parent's employer or union and no conversion privileges exist following termination of employment.

A parent may be required to show proof of coverage to the other parent or, if support payments are to be made through the support registry, to the department.

An order of support may be modified without a showing of a substantial change of circumstances to provide health insurance coverage for a child or to enforce, modify, or clarify an existing order of health insurance coverage which was entered prior to June 7, 1984.

An order to provide health insurance coverage must include a statement that the order may be directly enforced by service of the court order on the parent's employer or union.  If the order does not contain notice of direct enforcement, a written notice of intent to enforce the order must be served on the parent obligated to provide health insurance coverage.  Upon service of the order on the employer or union, the child to be covered must be enrolled in the health care or insurance plan and premiums deducted from the obligated parent's wages.  Upon service of the notice of intent to obtain health care coverage, the obligated parent has 20 days to file an application for an adjudicative proceeding or proof that the parent has applied for or obtained coverage for the child.

An employer or union is subject to a maximum fine of $1,000 for failure to enroll a child in a health care plan or to explain why the coverage is not available.

VOTES ON FINAL PASSAGE:

      House 96   1

      Senate    47     0 (Senate amended)

      House 97   0 (House concurred)

EFFECTIVE:July 23, 1989

Partial Veto Summary:  A section of the bill which was also amended by another bill is vetoed to eliminate amendment problems.  (See VETO MESSAGES)