78B-12-212. Medical expenses.
(1) The court shall order that insurance for the medical expenses of the minor children be
provided by a parent if it is available at a reasonable cost.
(2) In determining which parent shall be ordered to maintain insurance for medical
expenses, the court or administrative agency may consider the:
(a) reasonableness of the cost;
(b) availability of a group insurance policy;
(c) coverage of the policy; and
(d) preference of the custodial parent.
(3) The order shall require each parent to share equally the out-of-pocket costs of the
premium actually paid by a parent for the children's portion of insurance.
(4) The parent who provides the insurance coverage may receive credit against the base
child support award or recover the other parent's share of the children's portion of the premium.
In cases in which the parent does not have insurance but another member of the parent's
household provides insurance coverage for the children, the parent may receive credit against the
base child support award or recover the other parent's share of the children's portion of the
premium.
(5) The children's portion of the premium is a per capita share of the premium actually
paid. The premium expense for the children shall be calculated by dividing the premium amount
by the number of persons covered under the policy and multiplying the result by the number of
children in the instant case.
(6) The order shall include a cash medical support provision that requires each parent to
equally share all reasonable and necessary uninsured and unreimbursed medical and dental
expenses incurred for the dependent children, including but not limited to deductibles and
copayments.
(7) The parent ordered to maintain insurance shall provide verification of coverage to the
other parent, or to the Office of Recovery Services under Title IV of the Social Security Act, 42
U.S.C. Section 601 et seq., upon initial enrollment of the dependent children, and thereafter on or
before January 2 of each calendar year. The parent shall notify the other parent, or the Office of
Recovery Services under Title IV of the Social Security Act, 42 U.S.C. Section 601 et seq., of
any change of insurance carrier, premium, or benefits within 30 calendar days of the date the
parent first knew or should have known of the change.
(8) A parent who incurs medical expenses shall provide written verification of the cost
and payment of medical expenses to the other parent within 30 days of payment.
(9) In addition to any other sanctions provided by the court, a parent incurring medical
expenses may be denied the right to receive credit for the expenses or to recover the other
parent's share of the expenses if that parent fails to comply with Subsections (7) and (8).
Amended by Chapter 142, 2009 General Session
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Last revised: Thursday, May 28, 2009