23-4,119.Medical child support; order; coverage under health benefitplan; limited power of attorney; enrollment by employer, sponsor oradministrator of health benefit plan; disenrollment.(a) Whether or not a medical child support order haspreviously been entered, the court shall address the medicalneeds of the child, and if necessary, enter a medicalchild support order.Subject to any requirements inchild support guidelines adopted by the supreme court pursuant to K.S.A.20-165, and amendments thereto, the medical child support order may requireeither parent or both parents to furnish coverage under any health benefit planas provided in this section, allocate between the parents responsibility fordeductibles and copayments, allocate between the parents responsibility formedical costs not covered by any health benefit plan, include costs of coverageunder a health benefit plan in the calculation of a current child supportorder, require cash medical support as an adjustment to a current supportorder, and make any other provision that justice may require. Beforerequiring either parent to provide coverage under any health benefit plan, thecourt shallconsider whether the benefits of the plan are accessible to the child andthe cost of coverage, includingdeductibles and copayments, in relation to the overall financial circumstances.In no event shall the court consider as a factor the availability of medicalassistance to any person. Nothing in this section shall prevent the court fromprospectively ordering a parent to provide coverage under any health benefitplan which may become available to the parent.
(b) Except for good cause shown, if more than one health benefit plan isavailable for and accessible to a child, the court shall give preferenceto the plan: (1)Designated by court order or agreement of the parties, or, if none, then (2) inwhich the child already has benefits, or, if none, then (3) with terms closestto those designated by court order or agreement of the parties, or, if none,then (4) inwhich the parent or members of the parent's household have benefits, or, ifnone, then (5) in which the child will receive the greatest benefits.
(c) When a medical child support order has been entered, the obligor shallbe deemed to have granted by operation of law a limited power of attorney tosubmit claims to a health benefit plan on the child's behalf and to endorse andnegotiate any check or other negotiable instrument issued in full or partialpayment of the child's claim. Except as otherwise provided in this subsection,the limited power of attorney shall be held by the obligee. If the child isreceiving medical assistance from the secretary of social and rehabilitationservices, the secretary of social and rehabilitation services shall be deemedthe sole holder of the limited power of attorney with respect to paymentssubject to the secretary's claim for reimbursement. Upon termination ofmedical assistance in this state for the child, the secretary of social andrehabilitation services shall retain the limited power of attorney with respectto medical assistance already provided until the claim of the secretary forreimbursement is satisfied.If the child is receiving medical assistance under Title XIX of the federalsocial security act in another state or jurisdiction, the agency or officialresponsible for administering the Title XIX program in that state orjurisdiction shall be deemed the sole holder of the limited power of attorneywith respect to payments subject to the claim of that agency or official forreimbursement. Upon termination of medical assistance in that state orjurisdiction for the child the agency or official administering the Title XIXprogram shall retain the limited power of attorney with respect to medicalassistance already provided until the claim of that agency or official forreimbursement is satisfied.
(d) In any case in which a participating parent is required by a court oradministrative order to provide health coverage for a child, the participatingparent is eligible for family health coverage, and the child is otherwiseeligible for family health coverage, without regard to any enrollment seasonrestrictions the employer, sponsor or other administrator of a health benefitplan: (1) Shall permit the participating parent to enroll the child forcoverage; or (2)if the participating parent is enrolled but has not applied for coverage forthe child, shall permit the holder of a limited power of attorney pursuant tosubsection (c) to enroll the child. A child enrolled under this subsectionshall be treated, with regard to any preexisting condition, as thoughenrollment occurred during the normal open enrollment period.
(e) When a child has been enrolled for coverage pursuant to subsection (d),the employer, sponsor or other administrator of a health benefit plan shall notdisenroll or eliminate coverage of the child unless the employer, sponsor oradministrator is provided: (1) Satisfactory written evidence that the court oradministrative order requiring the parent to provide health coverage is nolonger in effect for the child and either the participating parent hasrequested a change or discontinuance of the child's coverage, or the child isotherwise ineligible for continued coverage; or (2) satisfactory writtenevidence, signed by all holders of a limited power of attorney pursuant tosubsection (c), that the child is or will be enrolled in comparable healthcoverage through another insureror health benefit plan which will take effect no later than the effective dateof the disenrollment. An employer may also disenroll or eliminate coverage forthe child if the employer has eliminated family health coverage for all of itsemployees.
(f) The provisions of this section and the income withholding act andamendments thereto shall apply to all orders for support,including all medical child support orders, entered in this state regardless ofthe date the order was entered.
History: L. 1994, ch. 301, § 14;L. 2007, ch. 174, § 2; July 1.
23-4,119.Medical child support; order; coverage under health benefitplan; limited power of attorney; enrollment by employer, sponsor oradministrator of health benefit plan; disenrollment.(a) Whether or not a medical child support order haspreviously been entered, the court shall address the medicalneeds of the child, and if necessary, enter a medicalchild support order.Subject to any requirements inchild support guidelines adopted by the supreme court pursuant to K.S.A.20-165, and amendments thereto, the medical child support order may requireeither parent or both parents to furnish coverage under any health benefit planas provided in this section, allocate between the parents responsibility fordeductibles and copayments, allocate between the parents responsibility formedical costs not covered by any health benefit plan, include costs of coverageunder a health benefit plan in the calculation of a current child supportorder, require cash medical support as an adjustment to a current supportorder, and make any other provision that justice may require. Beforerequiring either parent to provide coverage under any health benefit plan, thecourt shallconsider whether the benefits of the plan are accessible to the child andthe cost of coverage, includingdeductibles and copayments, in relation to the overall financial circumstances.In no event shall the court consider as a factor the availability of medicalassistance to any person. Nothing in this section shall prevent the court fromprospectively ordering a parent to provide coverage under any health benefitplan which may become available to the parent.
(b) Except for good cause shown, if more than one health benefit plan isavailable for and accessible to a child, the court shall give preferenceto the plan: (1)Designated by court order or agreement of the parties, or, if none, then (2) inwhich the child already has benefits, or, if none, then (3) with terms closestto those designated by court order or agreement of the parties, or, if none,then (4) inwhich the parent or members of the parent's household have benefits, or, ifnone, then (5) in which the child will receive the greatest benefits.
(c) When a medical child support order has been entered, the obligor shallbe deemed to have granted by operation of law a limited power of attorney tosubmit claims to a health benefit plan on the child's behalf and to endorse andnegotiate any check or other negotiable instrument issued in full or partialpayment of the child's claim. Except as otherwise provided in this subsection,the limited power of attorney shall be held by the obligee. If the child isreceiving medical assistance from the secretary of social and rehabilitationservices, the secretary of social and rehabilitation services shall be deemedthe sole holder of the limited power of attorney with respect to paymentssubject to the secretary's claim for reimbursement. Upon termination ofmedical assistance in this state for the child, the secretary of social andrehabilitation services shall retain the limited power of attorney with respectto medical assistance already provided until the claim of the secretary forreimbursement is satisfied.If the child is receiving medical assistance under Title XIX of the federalsocial security act in another state or jurisdiction, the agency or officialresponsible for administering the Title XIX program in that state orjurisdiction shall be deemed the sole holder of the limited power of attorneywith respect to payments subject to the claim of that agency or official forreimbursement. Upon termination of medical assistance in that state orjurisdiction for the child the agency or official administering the Title XIXprogram shall retain the limited power of attorney with respect to medicalassistance already provided until the claim of that agency or official forreimbursement is satisfied.
(d) In any case in which a participating parent is required by a court oradministrative order to provide health coverage for a child, the participatingparent is eligible for family health coverage, and the child is otherwiseeligible for family health coverage, without regard to any enrollment seasonrestrictions the employer, sponsor or other administrator of a health benefitplan: (1) Shall permit the participating parent to enroll the child forcoverage; or (2)if the participating parent is enrolled but has not applied for coverage forthe child, shall permit the holder of a limited power of attorney pursuant tosubsection (c) to enroll the child. A child enrolled under this subsectionshall be treated, with regard to any preexisting condition, as thoughenrollment occurred during the normal open enrollment period.
(e) When a child has been enrolled for coverage pursuant to subsection (d),the employer, sponsor or other administrator of a health benefit plan shall notdisenroll or eliminate coverage of the child unless the employer, sponsor oradministrator is provided: (1) Satisfactory written evidence that the court oradministrative order requiring the parent to provide health coverage is nolonger in effect for the child and either the participating parent hasrequested a change or discontinuance of the child's coverage, or the child isotherwise ineligible for continued coverage; or (2) satisfactory writtenevidence, signed by all holders of a limited power of attorney pursuant tosubsection (c), that the child is or will be enrolled in comparable healthcoverage through another insureror health benefit plan which will take effect no later than the effective dateof the disenrollment. An employer may also disenroll or eliminate coverage forthe child if the employer has eliminated family health coverage for all of itsemployees.
(f) The provisions of this section and the income withholding act andamendments thereto shall apply to all orders for support,including all medical child support orders, entered in this state regardless ofthe date the order was entered.
History: L. 1994, ch. 301, § 14;L. 2007, ch. 174, § 2; July 1.
23-4,119.Medical child support; order; coverage under health benefitplan; limited power of attorney; enrollment by employer, sponsor oradministrator of health benefit plan; disenrollment.(a) Whether or not a medical child support order haspreviously been entered, the court shall address the medicalneeds of the child, and if necessary, enter a medicalchild support order.Subject to any requirements inchild support guidelines adopted by the supreme court pursuant to K.S.A.20-165, and amendments thereto, the medical child support order may requireeither parent or both parents to furnish coverage under any health benefit planas provided in this section, allocate between the parents responsibility fordeductibles and copayments, allocate between the parents responsibility formedical costs not covered by any health benefit plan, include costs of coverageunder a health benefit plan in the calculation of a current child supportorder, require cash medical support as an adjustment to a current supportorder, and make any other provision that justice may require. Beforerequiring either parent to provide coverage under any health benefit plan, thecourt shallconsider whether the benefits of the plan are accessible to the child andthe cost of coverage, includingdeductibles and copayments, in relation to the overall financial circumstances.In no event shall the court consider as a factor the availability of medicalassistance to any person. Nothing in this section shall prevent the court fromprospectively ordering a parent to provide coverage under any health benefitplan which may become available to the parent.
(b) Except for good cause shown, if more than one health benefit plan isavailable for and accessible to a child, the court shall give preferenceto the plan: (1)Designated by court order or agreement of the parties, or, if none, then (2) inwhich the child already has benefits, or, if none, then (3) with terms closestto those designated by court order or agreement of the parties, or, if none,then (4) inwhich the parent or members of the parent's household have benefits, or, ifnone, then (5) in which the child will receive the greatest benefits.
(c) When a medical child support order has been entered, the obligor shallbe deemed to have granted by operation of law a limited power of attorney tosubmit claims to a health benefit plan on the child's behalf and to endorse andnegotiate any check or other negotiable instrument issued in full or partialpayment of the child's claim. Except as otherwise provided in this subsection,the limited power of attorney shall be held by the obligee. If the child isreceiving medical assistance from the secretary of social and rehabilitationservices, the secretary of social and rehabilitation services shall be deemedthe sole holder of the limited power of attorney with respect to paymentssubject to the secretary's claim for reimbursement. Upon termination ofmedical assistance in this state for the child, the secretary of social andrehabilitation services shall retain the limited power of attorney with respectto medical assistance already provided until the claim of the secretary forreimbursement is satisfied.If the child is receiving medical assistance under Title XIX of the federalsocial security act in another state or jurisdiction, the agency or officialresponsible for administering the Title XIX program in that state orjurisdiction shall be deemed the sole holder of the limited power of attorneywith respect to payments subject to the claim of that agency or official forreimbursement. Upon termination of medical assistance in that state orjurisdiction for the child the agency or official administering the Title XIXprogram shall retain the limited power of attorney with respect to medicalassistance already provided until the claim of that agency or official forreimbursement is satisfied.
(d) In any case in which a participating parent is required by a court oradministrative order to provide health coverage for a child, the participatingparent is eligible for family health coverage, and the child is otherwiseeligible for family health coverage, without regard to any enrollment seasonrestrictions the employer, sponsor or other administrator of a health benefitplan: (1) Shall permit the participating parent to enroll the child forcoverage; or (2)if the participating parent is enrolled but has not applied for coverage forthe child, shall permit the holder of a limited power of attorney pursuant tosubsection (c) to enroll the child. A child enrolled under this subsectionshall be treated, with regard to any preexisting condition, as thoughenrollment occurred during the normal open enrollment period.
(e) When a child has been enrolled for coverage pursuant to subsection (d),the employer, sponsor or other administrator of a health benefit plan shall notdisenroll or eliminate coverage of the child unless the employer, sponsor oradministrator is provided: (1) Satisfactory written evidence that the court oradministrative order requiring the parent to provide health coverage is nolonger in effect for the child and either the participating parent hasrequested a change or discontinuance of the child's coverage, or the child isotherwise ineligible for continued coverage; or (2) satisfactory writtenevidence, signed by all holders of a limited power of attorney pursuant tosubsection (c), that the child is or will be enrolled in comparable healthcoverage through another insureror health benefit plan which will take effect no later than the effective dateof the disenrollment. An employer may also disenroll or eliminate coverage forthe child if the employer has eliminated family health coverage for all of itsemployees.
(f) The provisions of this section and the income withholding act andamendments thereto shall apply to all orders for support,including all medical child support orders, entered in this state regardless ofthe date the order was entered.
History: L. 1994, ch. 301, § 14;L. 2007, ch. 174, § 2; July 1.
