US Laws, Codes, Statutes & Cases

 
    §  416.  Elements of support; provisions for accident, life and health
  insurance benefits. (a) The court may include in the requirements for an
  order for support the providing of necessary  shelter,  food,  clothing,
  care,  medical  attention,  expenses  of  confinement,  the  expense  of
  education, payment of funeral expenses, and other proper and  reasonable
  expenses.
    (b)  The court may also order a party to purchase, maintain, or assign
  a policy of accident insurance or insurance on the life of either  party
  and  designate  in  the case of life insurance, the person or persons on
  whose behalf the  petition  is  brought  or  in  the  case  of  accident
  insurance,  the  insured  party  as  irrevocable  beneficiaries during a
  period of time fixed by  the  court.  The  obligation  to  provide  such
  insurance  shall  cease  upon  the  termination  of such party's duty to
  provide support.
    (c) Every support order shall provide that if any legally  responsible
  relative  currently,  or at any time in the future, has health insurance
  benefits available that may be extended or obtained to cover any  person
  on  whose  behalf  the petition is brought, such responsible relative is
  required to exercise the option of additional coverage in favor of  such
  person  whom  he or she is legally responsible to support and to execute
  and deliver to such person any forms, notices, documents, or instruments
  to assure timely payment of any health insurance claims for such person.
    (d) As used in this  section,  the  following  terms  shall  have  the
  following  meanings:  (1) "Health insurance benefits" means any medical,
  dental, optical and prescription drugs and health care services or other
  health care benefits that may be provided for  a  dependent  through  an
  employer  or  organization,  including  such  employers or organizations
  which are self insured, or through other available health  insurance  or
  health care coverage plans.
    (2)  "Available  health insurance benefits" means any health insurance
  benefits that are reasonable in cost and that are reasonably  accessible
  to  the person on whose behalf the petition is brought. Health insurance
  benefits that are not reasonable in  cost  or  whose  services  are  not
  reasonably accessible to such person shall be considered unavailable.
    (e)  When  the  person  on  whose  behalf the petition is brought is a
  child, the court shall consider the  availability  of  health  insurance
  benefits  to  all  parties and shall take the following action to insure
  that health insurance benefits are  provided  for  the  benefit  of  the
  child:
    (1) Where the child is presently covered by health insurance benefits,
  the  court  shall  direct  in the order of support that such coverage be
  maintained, unless either parent requests the court to make a  direction
  for health insurance benefits coverage pursuant to paragraph two of this
  subdivision.
    (2)  Where  the  child  is  not  presently covered by health insurance
  benefits, the court shall make its determination as follows:
    (i) If only one parent has available health  insurance  benefits,  the
  court  shall  direct  in  the  order of support that such parent provide
  health insurance benefits.
    (ii) If both parents have  available  health  insurance  benefits  the
  court  shall  direct  in the order of support that either parent or both
  parents provide  such  health  insurance.  The  court  shall  make  such
  determination based on the circumstances of the case, including, but not
  limited  to,  the  cost  and  comprehensiveness of the respective health
  insurance benefits and the best interests of the child.
    (iii) If neither parent has available health insurance  benefits,  the
  court  shall  direct  in  the order of support that the custodial parent
  apply for the state's child health  insurance  plan  pursuant  to  title

  one-A  of  article  twenty-five of the public health law and the medical
  assistance program established pursuant to title eleven of article  five
  of  the  social  services  law. If eligible for such coverage, the court
  shall  prorate  the  cost  of  any  premium  or  family  contribution in
  accordance with subdivision (f) of  this  section.  A  direction  issued
  under  this  subdivision  shall  not  limit  or  alter  either  parent's
  obligation to obtain health insurance benefits  at  such  time  as  they
  become  available  as  required  pursuant  to  subdivision  (c)  of this
  section.
    (f) The cost  of  providing  health  insurance  benefits  pursuant  to
  subdivision (e) of this section shall be prorated between the parties in
  the  same proportion as each parent's income is to the combined parental
  income. If the custodial parent is ordered to provide such benefits, the
  non-custodial parent's pro rata share of such costs shall  be  added  to
  the  basic support obligation. If the non-custodial parent is ordered to
  provide such benefits, the custodial parent's pro  rata  share  of  such
  costs  shall  be  deducted  from the basic support obligation. Where the
  court finds that such proration is unjust or  inappropriate,  the  court
  shall:
    (1)  order  the  parties  to  pay  such  amount  of the cost of health
  insurance benefits as the court finds just and appropriate;
    (2) add or subtract such amount in the manner set forth herein; and
    (3) set forth in the order the factors it considered,  the  amount  of
  each  party's  share of the cost and the reason or reasons the court did
  not order such pro rata apportionment.
    (g) The court shall provide in the order of support that  the  legally
  responsible  relative  immediately  notify the other party, or the other
  party and the support collection unit when the order is issued on behalf
  of a child in receipt of public assistance and care  or  in  receipt  of
  services pursuant to section one hundred eleven-g of the social services
  law,   of  any  change  in  health  insurance  benefits,  including  any
  termination of benefits, change in the health insurance benefit carrier,
  premium, or extent and availability of existing or new benefits.
    (h) Where the court determines  that  health  insurance  benefits  are
  available,  the  court  shall  provide  in the order of support that the
  legally responsible relative immediately enroll the eligible  dependents
  named  in the order who are otherwise eligible for such benefits without
  regard to any seasonal enrollment restrictions. The support order  shall
  further  direct  the  legally  responsible  relative  to  maintain  such
  benefits as long as they remain available to such relative.  Such  order
  shall  further  direct  the  legally  responsible relative to assign all
  insurance reimbursement payments for health care expenses  incurred  for
  his  or  her eligible dependents to the provider of such services or the
  party  actually  having  incurred  and  satisfied  such   expenses,   as
  appropriate.
    (i)  When the court issues an order of child support or combined child
  and spousal support on behalf of persons in receipt of public assistance
  and care or in receipt of  services  pursuant  to  section  one  hundred
  eleven-g  of  the  social  services law, such order shall further direct
  that the provision of health care benefits shall be immediately enforced
  pursuant to section fifty-two hundred forty-one of  the  civil  practice
  law and rules.
    (j)  When the court issues an order of child support or combined child
  and spousal support on behalf of persons other than those in receipt  of
  public assistance and care or in receipt of services pursuant to section
  one  hundred  eleven-g  of the social services law, the court shall also
  issue a separate order which shall include the  necessary  direction  to
  ensure the order's characterization as a qualified medical child support

  order  as defined by section six hundred nine of the employee retirement
  income security act of 1974 (29 USC 1169). Such order shall: (i) clearly
  state that it creates or recognizes the existence of the  right  of  the
  named  dependent  to  be  enrolled and to receive benefits for which the
  legally responsible relative  is  eligible  under  the  available  group
  health plans, and shall clearly specify the name, social security number
  and  mailing  address  of  the legally responsible relative, and of each
  dependent to be covered by the order; (ii) provide a  clear  description
  of  the type of coverage to be provided by the group health plan to each
  such dependent or the manner in which the type  of  coverage  is  to  be
  determined;  and  (iii)  specify  the  period of time to which the order
  applies. The court shall not require the group health  plan  to  provide
  any  type  or form of benefit or option not otherwise provided under the
  group  health  plan  except  to  the  extent  necessary  to   meet   the
  requirements  of  a  law  relating to medical child support described in
  section one thousand three hundred and ninety-six g-1 of title forty-two
  of the United States code.
    (k) Upon a finding that a legally responsible relative wilfully failed
  to obtain health insurance benefits in violation of a court order,  such
  relative  will  be  presumptively  liable  for  all health care expenses
  incurred  on  behalf  of  such  dependents  from  the  first  date  such
  dependents  were  eligible  to  be  enrolled to receive health insurance
  benefits after the issuance  of  the  order  of  support  directing  the
  acquisition of such coverage.