75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
HA to HB 2272
 
LC 933/HB 2272-1
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2272
 
                    By COMMITTEE ON JUDICIARY
 
                           February 17
 
  On page 1 of the printed bill, line 3, after '25.325, ' insert
'25.333,'.
  On page 4, line 10, after the second 'support' insert 'or
provide health care coverage'.
  In line 11, after 'party's' delete the rest of the line and
line 12 and insert 'income is equal to or less than the Oregon
minimum wage for full-time employment.'.
  On page 12, after line 1, insert:
  '  { +  SECTION 10. + } ORS 25.333 is amended to read:
  ' 25.333. (1) When the enforcing agency issues a medical
support notice under ORS 25.325, the enforcing agency shall
notify the parties by regular mail to the last known addresses of
the parties:
  ' (a) That the notice has been sent to the providing party's
employer; and
  ' (b) Of the providing party's rights and duties under the
notice.
  ' (2) A providing party may contest a medical support notice
within 14 days after the date the premium is first withheld
pursuant to the notice or, if the health benefit plan is provided
at no cost to the providing party, the date the first premium is
paid by the employer.
  ' (3) The only basis for contesting a medical support notice is
a mistake of fact. A 'mistake of fact' means any of the
following:
  ' (a) No order to provide health care coverage under a health
benefit plan has been issued in regard to the providing party's
child;
  ' (b) The amount to be withheld for premiums is greater than is
permissible under ORS 25.331;   { - or - }
  ' (c) The alleged providing party is not the party from whom
health care coverage is required { + ; or
  ' (d) The providing party's income is equal to or less than
Oregon minimum wage for full-time employment + }.
  ' (4) The providing party may contest the medical support
notice by requesting an administrative review. After receiving a
request for review and within 45 days after the date the premium
is first withheld pursuant to the medical support notice, the
enforcing agency shall determine, based on an evaluation of the
facts, whether the withholding for premiums may continue. The
enforcing agency shall inform the parties of the determination in
writing and include information regarding the right to appeal the
determination.
  ' (5) Any appeal of the enforcing agency's determination under
subsection (4) of this section is to the circuit court for a
hearing under ORS 183.484.
  ' (6) The initiation of proceedings to contest a medical
support notice or an appeal of the enforcing agency's
determination under this section does not stay the withholding of
premiums.'.
  In line 2, delete '10' and insert '11' and delete '11 ' and
insert '12'.
  In line 4, delete '11' and insert '12'.
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