Ensuring Child Health Coverage Compensation in Divorce Act of 2022

To amend title XXVII of the Public Health Service Act and title 5, United States Code, to require group health plans, health insurance issuers offering group or individual health insurance coverage, and Federal Employees Health Benefits Program health benefits plans to meet certain requirements with respect to medical child support orders, and for other purposes. 1. Short title This Act may be cited as the Ensuring Child Health Coverage Compensation in Divorce Act of 2022 2. Medical child support order requirements (a) Public Health Service Act requirements Subpart II of part A of title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg–11 et seq. 2730. Coverage pursuant to medical child support orders In any case in which a child has benefits under the group health plan or health insurance coverage of a noncustodial parent (including a stepparent), such plan or the issuer offering such coverage shall— (1) provide such information to the custodial parent as may be necessary for the child to obtain benefits through such plan or such coverage; (2) permit the custodial parent (or provider, with the custodial parent’s approval) to submit claims for covered services without the approval of the noncustodial parent; and (3) make payment on claims submitted in accordance with paragraph (2) directly to such custodial parent or the provider. . (b) Federal Employees Health Benefits Program requirements Section 8904 of title 5, United States Code, is amended by adding at the end the following new subsection: (c) In any case in which a child has health coverage through the carrier of a noncustodial parent (including a stepparent) under the program established under this chapter, such carrier shall— (1) provide such information to the custodial parent as may be necessary for the child to obtain benefits through such coverage; (2) permit the custodial parent (or provider, with the custodial parent’s approval) to submit claims for covered services without the approval of the noncustodial parent; and (3) make payment on claims submitted in accordance with paragraph (2) directly to such custodial parent or the provider. . (c) Federal health care programs Part A of title XI of the Social Security Act ( 42 U.S.C. 1301 et seq. 1150C. Coverage pursuant to medical child support orders In any case in which a child has benefits under a Federal health care program through a noncustodial parent (including a stepparent), such program shall— (1) provide such information to the custodial parent as may be necessary for the child to obtain benefits through such program; (2) permit the custodial parent (or provider, with the custodial parent’s approval) to submit claims for covered services without the approval of the noncustodial parent; and (3) make payment on claims submitted in accordance with paragraph (2) directly to such custodial parent, or State agency (if applicable). . (d) Effective date The amendments made by this section shall apply with respect to plan years beginning on or after January 1, 2022.

Summary: Ensuring Child Health Coverage Compensation in Divorce Act of 2022 This bill requires health insurance plans to permit custodial parents of children covered by the plan of a noncustodial parent, including a stepparent, to access such plan, including to submit payments and claims, without the approval of the noncustodial plan-holder parent.