SENATE CONCURRENT RESOLUTION NO. 85

(By Senators Palumbo, Wills, Beach, Browning, Fanning, Foster, Jenkins, Kirkendoll, Klempa, Snyder, Tucker, Williams,

Barnes and Nohe)

[Originating in the Committee on the Judiciary]

Requesting the Joint Committee on Government and Finance to study the need for a mandatory child support data matching program that will improve the enforcement of child support by tracking and matching certain insurance settlements and awards with persons who owe child support arrearages.

    Whereas, The West Virginia Department of Health and Human Services Bureau for Child Support Enforcement is charged under state and federal laws, rules and regulations to diligently enforce child support and related spousal support orders issued by courts in this state and to ascertain all available medical insurance coverage for children under its jurisdiction; and

    Whereas, There currently exist several data matching programs that offer an expeditious method of matching data provided by insurance companies with data provided by the Bureau for Child Support Enforcement and determining whether insurance settlement proceeds are available to pay outstanding child support or spousal support obligations or whether medical insurance coverage is available to children in this state; and

    Whereas, There are at least two programs nationwide that offer such data matching services, namely the Child Support Enforcement Case Registry Insurance Match Program and the Child Support Lien Network operated by the State of Rhode Island; and

    Whereas, The West Virginia Department of Health and Human Resources has its own state-wide program that provides similar data matching services that are used to intercept lump sum payments and recover child or spousal support obligations; and

    Whereas, Insurance companies can voluntarily access and use any of the data matching programs, but not all of the insurance companies doing business in West Virginia have done so; and

    Whereas, It is in the best interests of the children of West Virginia if insurance companies operating in this state coordinated with the Bureau for Child Support Enforcement and utilized all available technology in order to identify obligors who owe child or spousal support arrearages, who are subject to liens for child or spousal support arrearages or who are obligated for medical or health insurance coverage for a child; and

    Whereas, The interests, safety and welfare of the children in West Virginia should be balanced with economic and regulatory considerations to ensure that participation in the data matching programs is not overly burdensome or costly to the State of West Virginia, insurance companies and other parties with an interest in this matter; and

    Whereas, In order to determine whether participation in the various data matching programs should be mandatory in this state and whether the benefits would outweigh any perceived burden, a specific group of stakeholders must participate in a study of the relevant issues and related costs; study and review programs in other states; determine whether the existing data matching programs would address the needs, health and safety concerns for the children in this state; determine whether participation in the data matching programs would improve the efforts of the Bureau for Child Support Enforcement in collecting and enforcing child support for the children in this state; review the possibility of developing a mandatory program in West Virginia, if needed; and as an alternative, study the feasibility of strengthening the regulatory and oversight powers of existing programs that could accomplish the same goals; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Legislature hereby requests the Joint Committee on Government and Finance to study the need for a mandatory child support data matching program that will improve the enforcement of child support by tracking and matching certain insurance settlements and awards with persons who owe child support arrearages; and, be it

    Further Resolved, That the Joint Committee on Government and Finance be requested to: study existing data matching programs throughout the country and determine the efficiency of each program in improving the enforcement of child support obligations; study and evaluate the need for a mandatory data matching program in West Virginia; study and determine the practicality, cost and feasibility of establishing a mandatory data matching program in this state; study whether there are alternative means of improving the enforcement of child support obligations; and require participation in the study from the Department of Health and Human Services Bureau for Child Support Enforcement, the West Virginia Office of the Insurance Commissioner, representatives of the insurance industry and other interested stakeholders; and, be it

     Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2013, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

    Further Resolved, That the expenses necessary to conduct the study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.