454.603. Health benefit plan may be required--terms--order of coverage--liability for expenses not covered--abatement, termination of coverage.
Health benefit plan may be required--terms--order ofcoverage--liability for expenses not covered--abatement,termination of coverage.
454.603. 1. At any state of a proceeding in which the circuit court orthe division has jurisdiction to establish or modify an order for childsupport, including but not limited to actions brought pursuant to thischapter, chapters 210, 211, and 452, RSMo, the court or the division shalldetermine whether to require a parent to provide medical care for the childthrough a health benefit plan.
2. With or without the agreement of the parents, the court or thedivision may require that a child be covered under a health benefit plan.Such a requirement shall be imposed whenever a health benefit plan isavailable at reasonable cost through a parent's employer or union or in anyIV-D case. If such a plan is not available at reasonable cost through anemployer or union and the case is not a IV-D case, the court in determiningwhether to require a parent to provide such coverage, shall consider:
(1) The best interests of the child;
(2) The child's present and anticipated needs for medical care;
(3) The financial ability of the parents to afford the cost of a healthbenefit plan; and
(4) The extent to which the cost of the health benefit plan issubsidized or reduced by participation on a group basis or otherwise.
3. To the extent that such options are available under the terms of thehealth benefit plan, an order may specify required terms of the health benefitplan, including:
(1) Minimum required policy limits;
(2) Minimum required coverage;
(3) Maximum terms for deductibles or required co-payments; or
(4) Other significant terms, including, but not limited to, anyprovision required for a health benefit plan under the federal EmployeeRetirement Income Security Act of 1974, as amended.
4. If the child is not covered by a health benefit plan but such a planis available to one of the parents, the court or the division shall order thatcoverage under the health benefit plan be provided for the child unless thereis available to the other parent a health benefit plan with comparable orbetter benefits at comparable or reduced cost. If health benefit plans areavailable to both parents upon terms which provide comparable benefits andcosts, the court or the division shall determine which health benefit plan, ifany, shall be required, giving due regard to the possible advantages of eachplan.
5. The court shall require the obligor to be liable for all or a portionof the medical or dental expenses of the minor child that are not covered bythe required health benefit plan coverage if:
(1) The court finds that the health benefit plan coverage required to beobtained by the obligor or available to the obligee does not pay all thereasonable and necessary medical or dental expenses of the minor child; and
(2) The court finds that the obligor has the financial resources tocontribute to the payment of these medical or dental expenses; and
(3) The court finds the obligee has substantially complied with theterms of the health benefit coverage.
6. The cost of health benefit plan employee contributions or premiumsshall not be a direct offset to child support awards established pursuant tothis chapter, chapters 210, 211, and 452, RSMo, but it shall be consideredwhen determining the amount of child support to be paid by the obligor.
7. If two or more health benefit plans are available to one or bothparents that are complementary to one another or are compatible as primary andsecondary coverage for the child, the court or the division may order eachparent to maintain one or more health benefit plans for the child.
8. Prior to terminating enrollment in a health benefit plan or changingfrom one health benefit plan to another, consideration by the court ordivision shall be given to the child's medical condition and best interestsand whether there is reason to believe that a new health benefit plan wouldomit or limit benefits because of a preexisting condition.
9. An abatement of a parent's child support obligation shall notautomatically abate that parent's duty to provide for the child's health careneeds. Unless an order of the court or the division specifically provides forabatement or termination of health care coverage, an order to maintain healthbenefits or otherwise provide for a child's health care needs shall continuein force until further order of the court or the division, or until thechild's right to parental support terminates.
(L. 1993 S.B. 253 § 4, A.L. 1997 S.B. 361)Effective 7-1-97