Bill Text: IL SB0258 | 2021-2022 | 102nd General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends a Section of the Illinois Marriage and Dissolution of Marriage Act regarding health insurance coverage for children. Defines "insurance obligee" as an individual to whom a health insurance obligation is owed on behalf of a child and "insurance obligor" as an individual who has an obligation to provide health insurance for a child. Changes certain terminology in the Section to conform to the new defined terms. Deletes language providing that the court shall enter an order for health insurance coverage of the child upon the request of the obligee or the public office in charge of child support enforcement. Deletes certain requirements concerning the procedures and notice obligations governing an application for insurability following the entry of an order. Deletes language providing that the court shall order the obligor to reimburse the obligee for 50% of the premium for placing the child on his or her health insurance policy under certain circumstances. Deletes language providing that the court may order the obligor to reimburse the obligee for 100% of the premium for placing the child on his or her health insurance policy. Deletes language providing that the obligor shall be liable to the obligee for the dollar amount of the premiums that were not paid. Provides that an employer may eliminate a child from the insurance obligor's health insurance coverage if the employer no longer provides a group health insurance plan to any employees or the child is no longer eligible for coverage due to federal or State restrictions. Makes other changes.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2021-07-09 - Public Act . . . . . . . . . 102-0087 [SB0258 Detail]

Download: Illinois-2021-SB0258-Engrossed.html



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1 AN ACT concerning civil law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Marriage and Dissolution of
5Marriage Act is amended by changing Section 505.2 as follows:
6 (750 ILCS 5/505.2) (from Ch. 40, par. 505.2)
7 Sec. 505.2. Health insurance.
8 (a) Definitions. As used in this Section:
9 (1) (Blank). "Obligee" means the individual to whom
10 the duty of support is owed or the individual's legal
11 representative.
12 (2) (Blank). "Obligor" means the individual who owes a
13 duty of support pursuant to an order for support.
14 (3) "Public office" means any elected official or any
15 State or local agency which is or may become responsible
16 by law for enforcement of, or which is or may become
17 authorized to enforce, an order for support, including,
18 but not limited to: the Attorney General, the Illinois
19 Department of Healthcare and Family Services, the Illinois
20 Department of Human Services, the Illinois Department of
21 Children and Family Services, and the various State's
22 Attorneys, Clerks of the Circuit Court and supervisors of
23 general assistance.

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1 (4) "Child" shall have the meaning ascribed to it in
2 Section 505.
3 (5) "Insurance obligee" means any individual to whom
4 the health insurance obligation is owed on behalf of the
5 child.
6 (6) "Insurance obligor" means any individual who has
7 an obligation to provide health insurance for the child.
8 (b) Order.
9 (1) Whenever the court establishes, modifies or
10 enforces an order for child support or for child support
11 and maintenance the court shall include in the order a
12 provision for the health insurance care coverage of the
13 child which shall, upon request of the obligee or Public
14 Office, require that any child covered by the order be
15 named as a beneficiary of any health insurance plan that
16 is available to the insurance obligor through an employer
17 or labor union or trade union. If the court finds that such
18 a plan is not available to the obligor, or that the plan is
19 not accessible to the obligee, the court may, upon request
20 of the obligee or Public Office, order the insurance
21 obligor to name the child covered by the order as a
22 beneficiary of any health insurance plan that is available
23 to the insurance obligor on a group basis, or as a
24 beneficiary of an independent health insurance plan to be
25 obtained by the insurance obligor, after considering the
26 following factors:

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1 (A) the medical needs of the child;
2 (B) the availability of a plan to meet those
3 needs; and
4 (C) the cost of such a health insurance plan to the
5 insurance obligor and insurance obligee.
6 (2) If the employer or labor union or trade union
7 offers more than one plan, the order shall require the
8 insurance obligor to name the child as a beneficiary of
9 the plan in which the insurance obligor is enrolled.
10 (3) Nothing in this Section shall be construed to
11 limit the authority of the court to establish or modify a
12 support order to provide for payment of expenses,
13 including deductibles, copayments and any other health
14 expenses, which are in addition to expenses covered by an
15 insurance plan of which a child is ordered to be named a
16 beneficiary pursuant to this Section.
17 (c) Implementation and enforcement.
18 (1) When the court order requires that a minor child
19 be named as a beneficiary of a health insurance plan,
20 other than a health insurance plan available through an
21 employer or labor union or trade union, the insurance
22 obligor shall provide written proof to the insurance
23 obligee or Public Office that the required insurance has
24 been obtained, or that application for insurability has
25 been made, within 30 days of receiving notice of the court
26 order. Unless the obligor was present in court when the

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1 order was issued, notice of the order shall be given
2 pursuant to Illinois Supreme Court Rules. If an obligor
3 fails to provide the required proof, he may be held in
4 contempt of court.
5 (2) When the court requires that a child be named as a
6 beneficiary of a health insurance plan available through
7 an employer or labor union or trade union, the court's
8 order shall be implemented in accordance with the Income
9 Withholding for Support Act.
10 (2.5) (Blank). The court shall order the obligor to
11 reimburse the obligee for 50% of the premium for placing
12 the child on his or her health insurance policy if:
13 (i) a health insurance plan is not available to
14 the obligor through an employer or labor union or
15 trade union and the court does not order the obligor to
16 cover the child as a beneficiary of any health
17 insurance plan that is available to the obligor on a
18 group basis or as a beneficiary of an independent
19 health insurance plan to be obtained by the obligor;
20 or
21 (ii) the obligor does not obtain medical insurance
22 for the child within 90 days of the date of the court
23 order requiring the obligor to obtain insurance for
24 the child.
25 The provisions of subparagraph (i) of paragraph 2.5 of
26 subsection (c) shall be applied, unless the court makes a

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1 finding that to apply those provisions would be
2 inappropriate after considering all of the factors listed
3 in paragraph 2 of subsection (a) of Section 505.
4 The court may order the obligor to reimburse the
5 obligee for 100% of the premium for placing the child on
6 his or her health insurance policy.
7 (d) Failure to maintain insurance. The dollar amount of
8the premiums for court-ordered health insurance, or that
9portion of the premiums for which the insurance obligor is
10responsible in the case of insurance provided under a group
11health insurance plan through an employer or labor union or
12trade union where the employer or labor union or trade union
13pays a portion of the premiums, shall be considered an
14additional child support obligation owed by the obligor.
15Whenever the insurance obligor fails to provide or maintain
16health insurance pursuant to an order for support, the
17insurance obligor shall be liable to the obligee for the
18dollar amount of the premiums which were not paid, and shall
19also be liable for all medical expenses incurred by the child
20which would have been paid or reimbursed by the health
21insurance which the insurance obligor was ordered to provide
22or maintain. In addition, the insurance obligee may petition
23the court to modify the order based solely on the insurance
24obligor's failure to maintain or pay the premiums for
25court-ordered health insurance for the child.
26 (e) Authorization for payment. The signature of the

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1insurance obligee is a valid authorization to the insurer to
2process a claim for payment under the insurance plan to the
3provider of the health insurance plan care services or to the
4insurance obligee.
5 (f) Disclosure of information. The insurance obligor's
6employer or labor union or trade union shall disclose to the
7insurance obligee or Public Office, upon request, information
8concerning any dependent coverage plans which would be made
9available to a new employee or labor union member or trade
10union member. The employer or labor union or trade union shall
11disclose such information whether or not a court order for
12medical support has been entered.
13 (g) Employer obligations. If an insurance obligor a parent
14is required by an order for support to provide health
15insurance coverage for a child child's health care expenses
16and if that coverage is available to the insurance obligor
17parent through an employer who does business in this State,
18the employer must do all of the following upon receipt of a
19copy of the order of support or order for withholding:
20 (1) The employer shall, upon the insurance obligor's
21 parent's request, permit the insurance obligor parent to
22 include in that coverage a child who is otherwise eligible
23 for that coverage, without regard to any enrollment season
24 restrictions that might otherwise be applicable as to the
25 time period within which the child may be added to that
26 coverage.

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1 (2) If the insurance obligor parent has health
2 insurance care coverage through the employer but fails to
3 apply for coverage for of the child, the employer shall
4 include the child in the insurance obligor's parent's
5 coverage upon application by the insurance obligee child's
6 other parent or the Department of Healthcare and Family
7 Services.
8 (3) The employer may not eliminate any child from the
9 insurance obligor's parent's health insurance care
10 coverage unless: the employee is no longer employed by the
11 employer and no longer covered under the employer's group
12 health plan; the employer no longer provides a group
13 health insurance plan to any employees; the child is no
14 longer eligible for coverage due to federal or State
15 restrictions; or unless the employer is provided with
16 satisfactory written evidence of either of the following:
17 (A) The order for support is no longer in effect.
18 (B) The child is or will be included in a
19 comparable health insurance care plan obtained by the
20 insurance obligor parent under such order that is
21 currently in effect or will take effect no later than
22 the date the prior coverage is terminated.
23 The employer may eliminate a child from the insurance
24 obligor's a parent's health insurance care plan obtained
25 by the insurance obligor parent under such order if the
26 employer has eliminated dependent health insurance care

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1 coverage for all of its employees.
2(Source: P.A. 94-923, eff. 1-1-07; 95-331, eff. 8-21-07.)
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