Pub. L. 109-171, tit. VII, subtit. C, sec. 7307
REQUIREMENT THAT STATE CHILD SUPPORT ENFORCEMENT AGENCIES SEEK MEDICAL SUPPORT FOR CHILDREN FROM EITHER PARENT.
SEC. 7307. REQUIREMENT THAT STATE CHILD SUPPORT ENFORCEMENT AGENCIES SEEK MEDICAL SUPPORT FOR CHILDREN FROM EITHER PARENT.(a) State Agencies Required To Seek Medical Support From Either Parent.—(1) In general.—Section 466(a)(19)(A) (42 U.S.C. 666(a)(19)(A)) is amended by striking “which include a provision for the health care coverage of the child are enforced” and inserting “shall include a provision for medical support for the child to be provided by either or both parents, and shall be enforced”.(2) Conforming amendments.—(A) Title iv–d.—(i) Section 452(f) (42 U.S.C. 652(f)) is amended by striking “include medical support as part of any child support order and enforce medical support” and inserting “enforce medical support included as part of a child support order”.(ii) Section 466(a)(19) (42 U.S.C. 666(a)(19)), as amended by paragraph (1) of this subsection, is amended—(I) in subparagraph (A)—(aa) by striking “section 401(e)(3)(C)” and inserting “section 401(e)”; and(bb) by striking “section 401(f)(5)(C)” and inserting “section 401(f)”;(II) in subparagraph (B)—(aa) by striking “noncustodial” each place it appears; and(bb) in clause (iii), by striking “section 466(b)” and inserting “subsection (b)”; and(III) in subparagraph (C), by striking “noncustodial” each place it appears and inserting “obligated”.(B) State or local governmental group health plans.—Section 401(e)(2) of the Child Support Performance and Incentive Act of 1998 (29 U.S.C. 1169 note) is amended, in the matter preceding subparagraph (A), by striking “who is a noncustodial parent of the child”.(C) Church plans.—Section 401(f)(5)(C) of the Child Support Performance and Incentive Act of 1998 (29 U.S.C. 1169 note) is amended by striking “noncustodial” each place it appears.(b) Enforcement of Medical Support Requirements.—Section 452(f) (42 U.S.C. 652(f)), as amended by subsection (a)(2)(A)(i), 120 STAT. 147 is amended by inserting after the first sentence the following: “A State agency administering the program under this part may enforce medical support against a custodial parent if health care coverage is available to the custodial parent at a reasonable cost, notwithstanding any other provision of this part.”.(c) Definition of Medical Support.—Section 452(f) (42 U.S.C. 652(f)), as amended by subsections (a)(2)(A)(i) and (b) of this section, is amended by adding at the end the following: “For purposes of this part, the term ‘medical support’ may include health care coverage, such as coverage under a health insurance plan (including payment of costs of premiums, co-payments, and deductibles) and payment for medical expenses incurred on behalf of a child.”.