72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
HA to HB 2095
 
LC 865/HB 2095-2
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2095
 
                    By COMMITTEE ON JUDICIARY
 
                            March 31
 
  On page 1 of the printed bill, line 10, delete 'or'.
  In line 12, delete the period and insert '; or
  ' (c) A health benefit plan is accessible as defined in rules
of the Department of Human Services.'.
  Delete lines 13 through 15.
  In line 16, delete '(3)' and insert '(2)'.
  In line 17, delete '(4)' and insert '(3)'.
  In line 18, delete '(5)' and insert '(4)'.
  In line 23, delete '(6)(a)' and insert '(5)(a)'.
  On page 2, delete lines 4 through 6.
  In line 7, delete '(8)' and insert '(6)'.
  In line 10, delete '(9)' and insert '(7)'.
  In line 15, delete '(10)' and insert '(8)'.
  Delete lines 17 through 19 and insert:
  ' (9) 'Satisfactory health care coverage' means coverage
provided under a health benefit plan, other than Medicaid or the
Oregon Health Plan, that at a minimum includes emergency care,
inpatient and outpatient hospital care, physician services,
whether provided within or outside a hospital setting, and
laboratory and X-ray services.'.
  In line 20, after '(1)' insert 'In'.
  In line 21, before 'any' insert 'in'.
  In line 22, after the comma delete the rest of the line and
lines 23 through 29 and insert 'the court or the enforcing agency
shall order the obligor to provide satisfactory health care
coverage for the child, unless the court or the enforcing agency
finds that:
  ' (a) The obligee or the assignee of child support rights has
elected to provide health care coverage for the child; or
  ' (b) The obligor cannot provide satisfactory health care
coverage that is reasonable in cost and accessible to the child.
  ' (2) If the court or the enforcing agency finds that the
obligor cannot provide health care coverage because health care
coverage that is reasonable in cost and accessible to the child
is not available at the time the child support order is entered,
the court or the enforcing agency shall include in the order a
provision requiring the obligor to provide health care coverage
when such coverage becomes available to the obligor.
  ' (3) Health care coverage is reasonable in cost if:
  ' (a) The coverage is available to the obligor through
employment related or other group health insurance;
  ' (b) The obligor's share, if any, of premiums for the coverage
does not, under the circumstances of the case, make the
application of the formula established under ORS 25.275 unjust or
inappropriate; and
  ' (c) The coverage satisfies other criteria that the Department
of Human Services may adopt by rule.'.
  In line 30, delete '(2)' and insert '(4)' and after ' rules'
insert 'under ORS 25.275'.
 
  In line 34, after 'order' insert 'as provided in section 609 of
the Employee Retirement Income Security Act of 1974 (29 U.S.C.
1169)'.
  In line 35, delete 'union' and insert 'plan administrator'.
  In line 38, before the colon insert 'shall, when appropriate'.
  In line 39, delete 'May'.
  In line 41, delete 'Shall'.
  After line 43, insert:
  ' (C) Provide the obligee with information regarding the health
care coverage obtained for the child and with any notice that
coverage may terminate because withholding has stopped under
section 7 or 12 of this 2003 Act.'.
  Delete lines 44 and 45 and insert:
  ' (2) If an order to provide health care coverage is in effect
or is being sought:'.
  On page 3, line 1, delete 'union' and insert 'plan
administrator'.
  In line 3, delete 'insurer' and insert 'plan administrator'.
  In line 6, delete 'or union' in both places.
  In line 7, delete 'employer's or union's insurer' and insert
'plan administrator'.
  In line 9, after 'guidelines' delete the rest of the line and
insert 'as described in ORS 743.847. Enrollment'.
  In line 10, after 'child' insert 'shall be allowed'.
  In line 12, before 'employer' insert 'obligor's' and delete 'or
union'.
  In line 18, delete 'or union'.
  After line 21, insert:
  ' (3) The enforcing agency shall, as provided in section 8 of
this 2003 Act, notify the obligor and obligee that the medical
support notice has been served on the obligor's employer.'.
  In line 23, delete 'or union'.
  In line 24, delete 'or union'.
  In line 25, delete 'or union'.
  In line 29, delete 'or a member of the union'.
  In line 30, delete 'or union'.
  In line 32, delete 'or union'.
  Delete line 40 and insert 'with the information necessary to
effectuate coverage and submit claims for benefits;'.
  On page 4, line 4, delete 'or union'.
  In line 5, delete 'or union'.
  In line 6, delete 'or union'.
  In line 9, delete 'or union'.
  In line 14, delete 'shall'.
  In line 22, after 'shall' delete the rest of the line and line
23 and insert ':
  ' (A) Send the health benefit plan descriptions and documents
to the obligee; and
  ' (B) Select a plan in consultation with the obligee and in
accordance with rules adopted by the Department of Human
Services;'.
  In line 33, delete 'or union'.
  In line 37, delete 'or union'.
  In line 39, delete 'or union' and delete 'to the insurer ' and
insert 'as required by the health benefit plan'.
  Delete lines 40 through 43.
  In line 44, delete '(4)' and insert '(2)'.
  On page 5, line 1, delete 'or'.
  In line 2, delete 'union'.
  In line 3, delete '(5)' and insert '(3)(a)' and delete ' or
union' and after 'with' insert 'a withholding order issued for
monetary support and'.
  In line 4, after 'exceed' insert '50 percent of the obligor's
net disposable income.
  ' (b) Notwithstanding paragraph (a) of this subsection, upon
the motion of a party and after a hearing, the court may order
the withholding of more than 50 percent of the obligor's net
disposable income. However, the amount withheld may not exceed'.
  In line 6, delete '(6)' and insert '(4)'.
  In line 7, delete '(5)' and insert '(3)' and delete 'or union'.
  In line 10, delete 'or union'.
  After line 11, insert:
  ' (5) An employer is not subject to civil liability to an
individual or agency for conduct or actions in compliance with a
medical support notice if the employer:
  ' (a) Is served with a medical support notice under section 5
of this 2003 Act that is regular on its face; and
  ' (b) Complies with the provisions of the medical support
notice if the notice appears to be in conformance with section
609 of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1169).'.
  In line 14, delete 'in writing' and insert 'by regular mail to
the last known addresses of the obligor and obligee'.
  In line 15, delete 'or union'.
  In line 19, delete 'or union'.
  In line 33, delete 'support enforcement' and insert '
enforcing'.
  In line 36, delete 'support enforcement' and insert '
enforcing'.
  In line 39, delete 'or union'.
  In line 43, after 'Liability' insert a period and delete the
rest of the line and lines 44 and 45 and insert '(1) If the plan
administrator or the employer fails to comply with the
requirements described in section 6 or 7 of this 2003 Act, the
enforcing agency or obligee may bring a civil action against the
plan administrator or employer for medical expenses, the
obligor's share of the premiums, attorney fees and costs.'.
  On page 6, delete lines 1 through 8.
  In line 9, delete '(4)' and insert '(2)'.
  In line 13, after 'action' insert 'under ORS 659A.885'.
  In line 14, delete 'and a civil penalty not to exceed $5,000'.
  In line 15, delete the third 'The'.
  Delete lines 16 through 20 and insert:
  ' (3) An obligor who fails to maintain health care coverage for
a child as ordered is liable, from the date of the order, for any
medical expenses resulting from the failure to maintain coverage.
  ' (4) The remedies described in this section are not exclusive.
Nothing in this section precludes action by the court to enforce
a judicial or administrative order requiring health care coverage
or costs by imposition of remedial or punitive sanctions for
contempt or otherwise.'.
  In line 23, delete 'cash child' and insert 'monetary'.
  In line 25, delete 'or union'.
  In line 27, delete 'or union' in both places.
  In line 33, delete 'to an insurer'.
  In line 35, before the period insert 'as provided in ORS
743.847'.
  On page 7, line 19, delete 'Administrator of the Division of
Child Support' and insert 'administrator'.
  In line 44, after 'attorney' delete the rest of the line and
line 45 and insert 'or the Department of Justice at (503)
373-7300 for information.'.
                         ----------