[Corrected Copy]

 

[First Reprint]

SENATE, No. 157

 

STATE OF NEW JERSEY

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Senators BRYANT, BASSANO, Matheussen and Connors

 

 

An Act concerning health 1[insurance] benefits1 coverage pursuant to a child support order and 1[supplementing chapter 34 of Title 2A of the New Jersey Statutes] amending P.L.1995, c.58.1

 

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

    1. 1 [a. Notwithstanding any provision of law to the contrary, if a non-custodial parent is required to provide health insurance coverage for a child pursuant to a child support order, the State IV-D agency or the Probation Division of the Superior Court whichever has authority, shall notify the parent's employer that the child is required to be enrolled in the parent's health insurance plan pursuant to an order of the court. The notice shall be effective as an order of the court, without further order. For purposes of this section "State IV-D agency" means the agency in the Department of Human Services designated to administer the Title IV-D Child Support Program.

    The notice required pursuant to this section shall include that the State IV-D agency or the Probation Division may seek an order of the court compelling compliance by the employer.

    b. If the non-custodial parent's employer fails or refuses, without cause, to enroll a child in the parent's health insurance plan as required pursuant to this section, the State IV-D agency or the Probation Division shall make an application to the court compelling the employer to enroll the child in the parent's health insurance plan.

    c. If the non-custodial parent's health insurance provider is unable to provide coverage for the child based on the fact that the child lives in an area not served by the plan, the non-custodial parent shall pay the additional cost for coverage of the child under the custodial parent's health insurance plan.

    d. The Supreme Court of the State of New Jersey may adopt Rules of Court appropriate or necessary to effectuate the purposes of this act.]

    Section 1 of P.L.1995, c.58 (C.2A:34-23c) is amended to read as follows:

    1. a. Any order for child support issued pursuant to the provisions of N.J.S.2A:34-23 shall include provisions indicating the party responsible for maintaining medical support coverage for the child and the terms and conditions by which that coverage is to be maintained.    b. Notwithstanding any provision of law to the contrary, if a non-custodial parent is required to provide health benefits coverage for a child pursuant to a child support order and the non-custodial parent's health benefits plan is unable to provide coverage for the child based on the fact that the child lives in an area not served by the plan, the non-custodial parent shall pay the additional cost for coverage of the child under the custodial parent's health benefits plan, or if the custodial parent has no health benefits plan, the non-custodial parent shall purchase a separate health benefits plan to cover the child.1

(cf: P. L.1995, c.58, s.1).

 

    2. This act shall take effect immediately.

 

 

 

Requires non-custodial parent to purchase health benefits coverage for child.