Iowa Code 252E.1B – Establishing and modifying orders for medical support — actions initiated by child support services
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1. If child support services is initiating an action to establish or modify support, this section shall apply in addition to the provisions of section 252E.1A.
Terms Used In Iowa Code 252E.1B
- Cash medical support: is a n obligation separate from any monetary amount a parent is ordered to pay for uncovered medical expenses pursuant to the guidelines established pursuant to section 598. See Iowa Code 252E.1
- Child: includes but shall not be limited to a stepchild, foster child, or legally adopted child and means a child actually or apparently under eighteen years of age, and a dependent person eighteen years of age or over who is unable to maintain the person's self and is likely to become a public charge. See Iowa Code 252A.2
- Child: means a person for whom child or medical support may be ordered pursuant to chapter 234, 239B, 252A, 252C, 252F, 252H, 252K, 598, 600B, or any other chapter of the Code or pursuant to a comparable statute of another state or foreign country. See Iowa Code 252E.1
- Child support services: means child support services created in section 252B. See Iowa Code 252E.1
- Court: shall mean and include any court upon which jurisdiction has been conferred to determine the liability of persons for the support of dependents. See Iowa Code 252A.2
- coverage: means providing and paying for the medical needs of a dependent through a health benefit plan. See Iowa Code 252E.1
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Health benefit plan: means any policy or contract of insurance, indemnity, subscription, or membership issued by an insurer, health service corporation, health maintenance organization, or any similar corporation or organization, any public coverage, or any self-insured employee benefit plan, for the purpose of covering medical expenses. See Iowa Code 252E.1
- Medical support: means either the provision of health care coverage or the payment of cash medical support. See Iowa Code 252E.1
- Order: means a support order entered pursuant to chapter 234, 252A, 252C, 252F, 252H, 252K, 598, 600B, or any other support chapter, or pursuant to a comparable statute of another state or foreign country, or an ex parte order entered pursuant to section 252E. See Iowa Code 252E.1
- Public coverage: means health care benefits provided by any form of federal or state medical assistance, including but not limited to benefits provided under chapter 249A or 514I, or under comparable laws of another state, foreign country, or Indian nation or tribe. See Iowa Code 252E.1
2. Child support services shall apply the following order of priority when child support services enters or seeks an order for medical support:
a. If the custodial parent is currently providing coverage for the child under a health benefit plan other than public coverage, and the plan is available as described in section 252E.1A, subsection 3, child support services shall enter or seek an order for the custodial parent to provide coverage.
b. If the noncustodial parent is currently providing coverage for the child under a health benefit plan other than public coverage, and the plan is available as described in section 252E.1A, subsection 3, child support services shall enter or seek an order for the noncustodial parent to provide coverage.
c. If a health benefit plan other than public coverage is available as described in section 252E.1A, subsection 3, to the custodial parent, child support services shall enter or seek an order for the custodial parent to provide coverage.
d. If a health benefit plan other than public coverage is available as described in section 252E.1A, subsection 3, to the noncustodial parent, child support services shall enter or seek an order for the noncustodial parent to provide coverage.
e. If a health benefit plan other than public coverage is not available to either parent, and the custodial parent has public coverage for the child, child support services shall enter or seek an order for the custodial parent to provide health care coverage and shall enter or seek an order for the noncustodial parent to pay cash medical support. However, if any of the circumstances described in section 252E.1A, subsection 4, paragraph “a”, “b”, or “c” is met, child support services shall enter or seek an order as specified by the applicable paragraph.
3. Notwithstanding subsection 2, if there is an order for joint physical care for the child and the parties subject to the support order, child support services shall apply the following order of priority when child support services enters or seeks an order for medical support:
a. If only one parent is currently providing coverage for the child under a health benefit plan other than public coverage, and the plan is available as described in section 252E.1A, subsection 3, child support services shall enter or seek an order for that parent to provide coverage.
b. If both parents are currently providing coverage for the child under a health benefit plan other than public coverage, and both plans are available as described in section 252E.1A, subsection 3, child support services shall enter or seek an order for both parents to provide coverage.
c. If neither parent is currently providing coverage for the child under a health benefit plan other than public coverage, and a health benefit plan other than public coverage is available as described in section 252E.1A, subsection 3, to one parent, child support services shall enter or seek an order for that parent to provide coverage.
d. If neither parent is currently providing coverage for the child under a health benefit plan other than public coverage, and a health benefit plan other than public coverage is available as described in section 252E.1A, subsection 3, to both parents, child support services shall enter or seek an order for both parents to provide coverage.
e. If a health benefit plan other than public coverage is not available to either parent and one parent has public coverage for the child, child support services shall enter or seek an order for that parent to provide health care coverage.
4. Child support services or the court shall not order any modification to an existing medical support order in a proceeding conducted solely pursuant to chapter 252H, subchapter IV.