360
SEC. 499SS. ACCESS TO AND USE OF CONSUMER REPORTS
BY STATE CHILD SUPPORT ENFORCEMENT
AGENCIES IN CHILD SUPPORT CASES.
(a) IN GENERAL.—Section 604 of the Fair Credit
Reporting Act (15 U.S.C. 1681b) is amended by adding
at the end the following:
‘‘(4) To a State child support enforcement
agency that is seeking to establish, modify, or en-
force a child support obligation against the
consumer, if—
‘‘(A) the paternity of the consumer for the
child to which the obligation relates has been
established or acknowledged by the consumer in
accordance with State laws under which the ob-
ligation arises (if required by those laws); and
‘‘(B) the State child support enforcement
agency—
‘‘(i) before obtaining the consumer re-
port, provides written notice to the
consumer that the State agency intends to
obtain a consumer report on the consumer;
and
‘‘(ii) certifies to the consumer report-
ing agency that—
361
‘‘(I) the requirement in subpara-
graph (A) has been fulfilled (if appli-
cable); and
‘‘(II) the notice required by
clause (i) has been provided.’’.
(b) STATE CHILD SUPPORT ENFORCEMENT AGENCY
DEFINED.—Section 603 of such Act (15 U.S.C. 1681a)
is amended by adding at the end the following new sub-
section:
‘‘(j) The term ‘State child support enforcement agen-
cy’ means a State agency which administers a State pro-
gram for establishing and enforcing child support obliga-
tions.’’.
SEC. 499TT. HEALTH CARE SUPPORT.
(a) INCLUSION IN CHILD SUPPORT ORDERS.—
(1) IN GENERAL.—Section 466(a) of the Social
Security Act (42 U.S.C. 666(a)) is amended by in-
serting after paragraph (10) the following:
‘‘(11) Not later than the beginning of the 9th
calendar month that begins after the date the Sec-
retary prescribes final regulations as provided for in
section 467(d)(2):
‘‘(A) Procedures which require any child
support order, issued or modified by a court or
administrative agency of the State on or after
362
the effective date of guidelines established by
the State under section 467(d), to provide for
coverage of the health care costs of the child in
accordance with such guidelines.
‘‘(B) Procedures which require the expe-
dited consideration and disposition of any alle-
gation of noncompliance with an obligation to
cover the health care costs of a child imposed
under a child support order issued or modified
in the State.’’.
(2) STATE GUIDELINES.—Section 467 of such
Act (42 U.S.C. 667) is amended by adding at the
end the following:
‘‘(d)(1) Not later than the beginning of the 9th cal-
endar month that begins after the date the Secretary pre-
scribes final regulations in accordance with paragraph (2),
each State, as a condition for having its State plan ap-
proved under this part, must establish guidelines for the
coverage of the health care costs of children pursuant to
child support orders issued or modified in the State, which
guidelines shall create a streamlined process that meets
the minimum standards established by the Secretary in
such regulations.
‘‘(2)(A) The Secretary shall promulgate regulations
which set forth minimum standards that any set of guide-
363
lines established pursuant to paragraph (1) must meet in
providing for the coverage of the health care costs of chil-
dren pursuant to child support orders issued or modified
in the State, including—
‘‘(i) the contents of such an order with respect
to the coverage of such costs;
‘‘(ii) the distribution of responsibility for such
costs;
‘‘(iii) to the extent that such costs are to be
covered through health insurance—
‘‘(I) the provision of such insurance;
‘‘(II) the payment of insurance claims; and
‘‘(III) the rights of the noncustodial parent
and the custodial parent to insurance informa-
tion;
‘‘(iv) the circumstances under which a provider
of health insurance may or may not deny coverage
to a child who is the subject of such an order;
‘‘(v) penalties to be imposed on providers of
health insurance who fail to comply with the guide-
lines; and
‘‘(vi) how changes in the circumstances of the
noncustodial parent and the custodial parent are to
be taken into account with respect to the coverage
of such costs.
364
‘‘(B) In developing such standards, the Secretary
shall ensure that, in establishing guidelines pursuant to
paragraph (1), the State considers the following matters
in the following order of importance:
‘‘(i) The best interests of the child.
‘‘(ii) The financial and other circumstances of
the parents of the child.
‘‘(iii) Cost-effectiveness.
‘‘(3) The preceding subsections of this section shall
apply in like manner to the guidelines established pursu-
ant to this subsection.’’.
(3) REGULATIONS.—
(A) PROPOSED REGULATIONS.—Within 9
months after the date of the enactment of this
Act, the Secretary of Health and Human Serv-
ices shall issue proposed regulations to imple-
ment the amendments made by this subsection.
(B) FINAL
REGULATIONS.—Within 14
months after the date of the enactment of this
Act, the Secretary of Health and Human Serv-
ices shall issue final regulations to implement
the amendments made by this subsection.
(b) INCLUSION IN INCENTIVE PAYMENTS PROGRAM
OF DEPENDENT HEALTH INSURANCE PROVIDED DUE TO
SUCCESSFUL ENFORCEMENT.—
365
(1) IN GENERAL.—Section 458(b) of the Social
Security Act (42 U.S.C. 658(b)) is amended by add-
ing at the end the following:
‘‘(5)(A) For purposes of this section, the successful
enforcement by the State of a provision of a support order
requiring an absent parent to obtain health insurance for
1 or more children shall be considered the collection of
support from the absent parent, without regard to the
means by which such support is provided.
‘‘(B) The amount of support collected in any case in
which the State successfully enforces a provision of a sup-
port order requiring an absent parent to obtain health in-
surance for 1 or more children shall be the savings to the
State from the provision of such health insurance to such
children, as determined in accordance with a health insur-
ance savings methodology adopted by the State in accord-
ance with regulations prescribed by the Secretary.’’.
(2) REGULATIONS.—Within 6 months after the
date of the enactment of this Act, the Secretary of
Health and Human Services shall prescribe such
regulations as may be necessary to implement the
amendment made by paragraph (1).
(3) STUDY; REPORT.—
(A) STUDY.—The Secretary of Health and
Human Services shall conduct a study to deter-