2018 Louisiana Laws
Revised Statutes
TITLE 46 - Public Welfare and Assistance
RS 46:236.1.1 - Family and child support programs; definitions

SUBPART B. CHILD SUPPORT ENFORCEMENT

§236.1.1. Family and child support programs; definitions

            For the purposes of this Subpart, the following items shall mean:

            (1) "Accessible", for the purposes of health insurance, means health insurance that provides primary care services within fifty miles of the residence of the child subject to the child support order.

            (2) "Cash medical support" means an amount ordered to be paid toward the cost of health insurance provided by a public entity, another parent, or person with whom the child resides, through employment or otherwise, or for other medical costs not covered by insurance.

            (3) "CSE administrator" means the program executive director of the child support enforcement section, division of family support, office of children and family services, Department of Children and Family Services.

            (4) "Delinquent of an amount equal to one month's support" means that an obligor becomes delinquent of an amount equal to one month's support obligation on the day after a payment is due and the total amount owed equals or exceeds one month's support obligation. A delinquency includes any judgment awarding retroactive support in accordance with R.S. 9:315.21 and 399.

            (5) "Department" means the Department of Children and Family Services.

            (6) "Financial institutions" means the following:

            (a) A depository institution, as defined in Section 3(c) of the Federal Deposit Insurance Act (12 U.S.C. 1813(c)).

            (b) An institution-affiliated party, as defined in Section 3(u) of the Federal Deposit Insurance Act (12 U.S.C. 1813(u)).

            (c) Any federal credit union or state credit union, as defined in Section 101 of the Federal Credit Union Act (12 U.S.C. 1752), including an institution-affiliated party of such a credit union, as defined in Section 206(r) of the Federal Credit Union Act (12 U.S.C. 1786(r)).

            (d) Any benefit association, insurance company, safe deposit company, money-market mutual fund, or similar entity authorized to do business in this state.

            (7) "Financial record", the meaning given such term in Section 1101 of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3401).

            (8) "FITAP" means Family Independence Temporary Assistance Program.

            (9) "Health insurance" means insurance covering medical expenses resulting from sickness or injury.

            (10) "Healthcare coverage" means fee for service, health maintenance organization, preferred provider organization, and other types of private health insurance and public healthcare coverage under which medical services could be provided to the dependent child.

            (11) "Medical support" means health insurance, cash medical support, and the payment of the medical expenses of the child.

            (12)(a) "Noncustodial parent" means an absent parent as defined in Subparagraph (b) of this Paragraph.

            (b) "Absent parent" means any person who does not reside with his dependent child and who is responsible for providing financial support for that child and against whom the child support enforcement section of the department is enforcing or seeking to enforce or modify a support obligation pursuant to a plan described in Title IV-D of the Social Security Act and made applicable to the state under this Subpart. An "absent parent" may include but is not limited to the natural parent, adoptive parent, and the putative or alleged father. This definition shall apply retroactively to all cases that the child support enforcement section of the department is enforcing or seeking to enforce or modify.

            (13) "Private health insurance" means coverage by a health plan provided through an employer or union or purchased by an individual from a private health insurance company.

            (14) "Public health insurance" means health insurance provided by a public entity.

            (15) "Reasonable cost", as it pertains to private health insurance, means that the health insurance premiums for the minor child or children do not exceed five percent of the gross income of the parent ordered to provide support pursuant to R.S. 9:315.4. The five percent standard shall apply to the cost of adding the child to an existing policy, the difference in the cost between a single and a family policy, or the cost of acquiring a separate policy to cover the child. There is a rebuttable presumption that public health insurance is always available at a reasonable cost.

            (16) "Support services" and "support enforcement services" means any action taken by the Department of Children and Family Services, upon receipt of an application or referral for services or a request made under the Uniform Interstate Family Support Act, in accordance with the federal requirements of Title IV-D of the Social Security Act and corresponding state laws and regulations without regard to whether there is any existing court order, delinquency, or presumption of paternity.

            Acts 2003, No. 1068, §2, eff. July 2, 2003; Acts 2004, No. 510, §1, eff. June 25, 2004; Acts 2008, No. 532, §5; Acts 2010, No. 299, §1; Acts 2010, No. 877, §3, eff. July 1, 2010; Acts 2012, No. 255, §7; Acts 2016, No. 90, §3, eff. July 1, 2016; Acts 2016, No. 253, §2; Acts 2018, No. 166, §1, eff. May 15, 2018.