H. B. 2112


(By Delegate Webb)

[Introduced January 10, 2003; referred to the

Committee on the Judiciary.]





A BILL to amend and reenact section one hundred two, article twelve, chapter forty-eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to parents court-ordered to provide medical insurance to his or her child if the insurance is available to the parent at a reasonable cost.

Be it enacted by the Legislature of West Virginia:
That section one hundred two, article twelve, chapter forty-eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 12. MEDICAL SUPPORT.
§48-12-102. Court-ordered medical support.
In every action to establish or modify an order which requires the payment of child support, the court shall ascertain the ability of each parent to provide medical care for the children of the parties. In any temporary or final order establishing an award of child support or any temporary or final order modifying a prior order establishing an award of child support, the court shall order one or more of the following:
(1) The court shall order either parent or both parents to provide insurance coverage for a child, if such the insurance coverage is available at a reasonable cost to that parent on a group basis through an employer, multiemployer trust or through an employee's union. If similar insurance coverage is available to both parents, the court shall order the child to be insured under the insurance coverage which provides more comprehensive benefits. If such the insurance coverage is not available at the time of the entry of the order, the order shall require that if such the coverage thereafter becomes available to either party, that party shall promptly notify the other party of the availability of insurance coverage for the child.
(2) If the court finds that insurance coverage is not available to either parent on a group basis through an employer, multiemployer trust or employees' union, or that the group insurer is not accessible to the parties, the court may order either parent or both parents to obtain insurance coverage which is otherwise available at a reasonable cost.
(3) Based upon the respective ability of the parents to pay, the court may order either parent or both parents to be liable for reasonable and necessary medical care for a child. The court shall specify the proportion of the medical care for which each party shall be responsible. If the amount of the award of child support in the order is determined using the child support guidelines, the court shall order that nonrecurring or subsequently occurring uninsured medical expenses in excess of two hundred fifty dollars per year per child shall be separately divided between the parties in proportion to their adjusted gross incomes.
(4) If insurance coverage is available, the court shall also determine the amount of the annual deductible on insurance coverage which is attributable to the children and designate the proportion of the deductible which each party shall pay.
(5) The order shall require the obligor to continue to provide the bureau for child support enforcement with information as to his or her employer's name and address and information as to the availability of employer-related insurance programs providing medical care coverage so long as the child continues to be eligible
to receive support.

NOTE: The purpose of this bill is to allow a parent, who has been court-ordered to provide medical insurance coverage to his or her child, to provide the insurance if the insurance is available to the parent at a reasonable cost.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.