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Texas Family Code - Section 154.181. Medical Support Order

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§ 154.181. MEDICAL SUPPORT ORDER.  (a) The court shall 
render an order for the medical support of the child as provided by 
this section and Section 154.182 in:
		(1)  a proceeding in which periodic payments of child 
support are ordered under this chapter or modified under Chapter 
156;
		(2)  any other suit affecting the parent-child 
relationship in which the court determines that medical support of 
the child must be established, modified, or clarified;  or
		(3)  a proceeding under Chapter 159.                                          
	(b)  Before a hearing on temporary orders or a final order, 
if no hearing on temporary orders is held, the court shall require 
the parties to the proceedings to disclose in a pleading or other 
statement:
		(1)  if private health insurance is in effect for the 
child, the identity of the insurance company providing the 
coverage, the policy number, which parent is responsible for 
payment of any insurance premium for the coverage, whether the 
coverage is provided through a parent's employment, and the cost of 
the premium;  or
		(2)  if private health insurance is not in effect for 
the child, whether:   
			(A)  the child is receiving medical assistance 
under Chapter 32, Human Resources Code;
			(B)  the child is receiving health benefits 
coverage under the state child health plan under Chapter 62, Health 
and Safety Code, and the cost of any premium;  and
			(C)  either parent has access to private health 
insurance at reasonable cost to that parent.
	(c)  In rendering temporary orders, the court shall, except 
for good cause shown, order that any health insurance coverage in 
effect for the child continue in effect pending the rendition of a 
final order, except that the court may not require the continuation 
of any health insurance that is not available to the parent at 
reasonable cost.  If there is no health insurance coverage in effect 
for the child or if the insurance in effect is not available at a 
reasonable cost and the child is not receiving medical assistance 
under Chapter 32, Human Resources Code, or coverage under the state 
child health plan under Chapter 62, Health and Safety Code, the 
court shall, except for good cause shown, order health care 
coverage for the child as provided under Section 154.182.
	(d)  Except for good cause shown, on rendering a final order 
the court shall require the parent ordered to provide health care 
coverage for the child as provided under Section 154.182 to produce 
evidence to the court's satisfaction that the parent has applied 
for or secured health insurance or has otherwise taken necessary 
action to provide for health care coverage for the child, as ordered 
by the court.
	(e)  In this section, "reasonable cost" means the cost of a 
health insurance premium that does not exceed 10 percent of the 
responsible parent's net income in a month.

Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.  
Amended by Acts 2001, 77th Leg., ch. 449, § 1, eff. June 5, 2001;  
Acts 2003, 78th Leg., ch. 610, § 1, eff. Sept. 1, 2003.

Last modified: August 11, 2007