Child support: health insurance.
Summary
Existing law provides that in a case in which an amount is set for child support, the court is required to order either or both parties to provide health insurance coverage for the supported child, if the cost of the insurance is reasonable. Under existing law, health insurance is rebuttably presumed to be reasonable in cost if it is employment-related or other group health insurance. This bill would instead require that the court determine that the cost of health insurance is reasonable if it does not exceed 5% of the obligor's gross income, as specified, unless the obligor is entitled to a low-income adjustment, as defined, in which case the court would be required to determine that the cost of health insurance is not reasonable, unless the court determines that not requiring medical support would be unjust and inappropriate. Existing law provides that when either parent uses a health care provider other than the preferred provider designated by the health care insurance coverage, the parent obtaining that care is solely responsible for any nonreimbursable health care costs in excess of the costs that would have been incurred under the court-ordered health care insurance coverage had the preferred provider been used. Existing law requires a court, in evaluating a motion based on this provision, to consider the geographic access and reasonable availability of necessary health care for the child which complies with the terms of the health care insurance coverage paid for by either parent pursuant to a court order. This bill would require the court to apply a rebuttable presumption that health care insurance is accessible if medical services to be provided are within 50 miles of the residence of the supported child. The bill would require the court, if it determines that health care insurance is not accessible, to state the reason on the record.
Bill status
signed
all 5 stages cleared
Introduction
Feb 2009
Committee Review
Jun 2010
Senate Passage
Jan 2010
Assembly Passage
Jun 2010
Signed into Law
Jul 2010
Introduced Feb 27, 2009
Signed Jul 15, 2010
Floor votes · Senate Jan 25, 2010 · Assembly Jun 21, 2010
How they voted
32–0
Passed · 3 other
Total votes 35
Jan 25, 2010
D
Democratic23
91% Yea
R
Republican12
91% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
27
Key actions
6
Committee
3
Amendments
2
Jul 15, 2010
Signed into law
Approved by Governor.
legislature
Jun 28, 2010
Introduced
Senate concurs in Assembly amendments. (Ayes 32. Noes 0. Page 4099.) To enrollment.
upper
Jun 21, 2010
Assembly · Passed
Assembly Vote: pass (58-0-3)
assembly
Jun 15, 2010
Lower · Passed
(Heard in committee on June 15.)
lower
Jun 15, 2010
Lower · Passed
From committee: Do pass. To Consent Calendar. (Ayes 10. Noes 0.)
lower
Jan 25, 2010
Senate · Passed
Senate Vote: pass (32-0-3)
senate
Jan 13, 2010
Committee
Read second time. Amended. Re-referred to Com. on APPR.
upper
Jan 12, 2010
Upper · Passed
From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 5. Noes 0. Page 2655.)
upper
Feb 27, 2009
Introduced
Introduced. To Com. on RLS. for assignment. To print.
upper
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Roderick Wright
DDemocratic
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