reglab/housing_qa huggingface dataset:
MT Code § 40-5-709 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 7. Suspension of Licenses for Nonsupport|40-5-709. Nondisciplinary suspension for failure to pay child support

  40-5-709. Nondisciplinary suspension for failure to pay child support. Notwithstanding any other provision of this title, the support enforcement entity has the authority to suspend a license or privilege to obtain a license under this part without any action by the licensing authority. The licensing authority shall, upon receipt of notice of suspension of the license under 40-5-703(5) from the support enforcement entity, suspend the license or privilege to obtain a license of the named individual. The suspension must be nondisciplinary for professional or occupational licenses, and the provisions of 2-4-631 do not apply.   History: En. Sec. 7, Ch. 523, L. 1993; amd. Sec. 82, Ch. 552, L. 1997.
MT Code § 40-5-710 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 7. Suspension of Licenses for Nonsupport|40-5-710. Stay of suspension of license -- payment plan -- hardship

  40-5-710. Stay of suspension of license -- payment plan -- hardship. (1) An obligor may at the time of the hearing conducted under 40-5-703 or at any time after the hearing, petition the support enforcement entity for an order staying suspension of the license.   (2) The support enforcement entity shall consider the obligor's petition for a stay separately from any determination on whether suspension of a license is appropriate.   (3) The support enforcement entity may stay suspension of a license upon a showing that suspension or continued suspension of a license would create a significant hardship to the obligor, to the obligor's employees, to legal dependents residing in the obligor's household, or to persons, businesses, or other entities served by the obligor.   (4) A stay terminates upon:   (a) termination of the circumstances upon which a hardship is based;   (b) failure by the obligor to abide by the terms and conditions of a payment plan; or   (c) the date of termination, if any, provided in the order staying suspension of the license.   (5) If the licensing authority has been notified of an order suspending a license, the support enforcement entity shall notify the licensing authority of any stay or reinstatement unless the support enforcement entity has suspended the license of the obligor for another delinquency or for failure to comply with a subpoena or warrant and the suspension for the other delinquency or failure to comply with a subpoena or warrant is still in effect. The support enforcement entity shall send a copy of any order staying or reinstating suspension of the license to the obligor.   (6) (a) Upon receipt of a notice staying or reinstating suspension of the license, the licensing authority shall:   (i) enter the information on appropriate records;   (ii) report the action as appropriate; and   (iii) demand surrender of the suspended license or return the reinstated license.   (b) Further action by the licensing authority is not necessary to implement the stay or reinstatement of suspension of the license.   History: En. Sec. 8, Ch. 523, L. 1993; amd. Sec. 83, Ch. 552, L. 1997; amd. Sec. 3, Ch. 397, L. 2017.
MT Code § 40-5-711 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 7. Suspension of Licenses for Nonsupport|40-5-711. Termination of order to suspend license

  40-5-711. Termination of order to suspend license. (1) Except as provided in subsection (3), when the support enforcement entity determines that the support debt or support obligation is paid in full or the obligor has complied with the subpoena or warrant, it shall terminate the order suspending the license. The support enforcement entity shall send a copy of the order terminating the suspension of the license to the obligor.   (2) Entry of an order terminating suspension of a license does not limit the ability of a support enforcement entity to issue a new order suspending the license of the same obligor in the event of another delinquency or failure to comply with a subpoena or warrant.   (3) A suspension of a conservation activity license is effective for the license year. The suspension does not terminate if the support enforcement entity determines that the support debt or support obligation is paid in full or the obligor has complied with the subpoena or warrant.   History: En. Sec. 9, Ch. 523, L. 1993; amd. Sec. 84, Ch. 552, L. 1997; amd. Sec. 4, Ch. 397, L. 2017.
MT Code § 40-5-712 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 7. Suspension of Licenses for Nonsupport|40-5-712. Fees

  40-5-712. Fees. A licensing authority subject to this part may charge the obligor a fee to cover the administrative costs incurred by the licensing authority under this part. Fees collected pursuant to this section by a licensing authority with a state special revenue fund must be deposited in the state special revenue fund for the use of the licensing authority to pay the costs of administering this part.   History: En. Sec. 10, Ch. 523, L. 1993.
MT Code § 40-5-713 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 7. Suspension of Licenses for Nonsupport|40-5-713. Rulemaking authority

  40-5-713. Rulemaking authority. The department shall adopt rules necessary for the implementation and administration of this part. The licensing authority shall adopt rules necessary for the implementation and administration of this part.   History: En. Sec. 11, Ch. 523, L. 1993.
MT Code § 40-5-801 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 8. Medical Support Order Enforcement|40-5-801. Short title

  40-5-801. Short title. This part may be known and cited as the "Medical Support Reform Act".   History: En. Sec. 1, Ch. 504, L. 1995.
MT Code § 40-5-802 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 8. Medical Support Order Enforcement|40-5-802. Purpose

  40-5-802. Purpose. The purpose of this part is to promote the health and medical care of children and to conserve the expenditure of public assistance funds by ensuring that children have access to reasonable health insurance coverage or a health benefit plan provided by their parents, who are primarily responsible for their support.   History: En. Sec. 2, Ch. 504, L. 1995.
MT Code § 40-5-803 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 8. Medical Support Order Enforcement|40-5-803. Scope

  40-5-803. Scope. This part does not expand any coverage available to any individual under any health insurance coverage or a health benefit plan required under federal law or Title 33, chapter 22, though this part may expand the class of children who may be eligible for individual insurance or health benefit plan coverage due to a duty of support owed to them by their parents.   History: En. Sec. 3, Ch. 504, L. 1995.
MT Code § 40-5-805 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 8. Medical Support Order Enforcement|40-5-805. Establishing medical support orders

  40-5-805. Establishing medical support orders. (1) In an action or proceeding to establish a child support order, whether temporary or final, or to modify an existing child support order, the tribunal shall also establish a medical support order. In establishing a medical support order, a tribunal shall consider:   (a) the best interests of the child;   (b) the child's present and anticipated needs for medical care;   (c) the financial ability of the parents to pay for individual insurance or a health benefit plan; and   (d) the extent to which an available health benefit plan or individual insurance coverage is subsidized or reduced in cost by an employer or by participation in a plan on a group basis.   (2) Except as otherwise provided in this part, a tribunal may not consider a child's eligibility for a public assistance program as a factor in determining a parent's financial ability to afford individual insurance or a health benefit plan.   History: En. Sec. 5, Ch. 504, L. 1995.
MT Code § 40-5-807 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 8. Medical Support Order Enforcement|40-5-807. Mandatory provisions of medical support order

  40-5-807. Mandatory provisions of medical support order. (1) Unless the tribunal expressly specifies otherwise, a medical support order must include terms directed toward the provisions of 40-5-806(2) through (8), even though a provision contained in those subsections may not apply to the parent's circumstances at the time the order is entered. The terms may be established as alternatives or contingencies that provide that if circumstances later change, the health needs of the child will continue to be met under one of the subsections without need for modification of the medical support order or other action by the tribunal that issued the order or any other tribunal of competent jurisdiction.   (2) If circumstances change and a parent believes that corresponding changes in costs are not reasonable or cost-beneficial, the parent may move to petition any appropriate tribunal for relief.   (3) If a health benefit plan is provided through an employer, union, or other group, the medical support order must also include provisions necessary to entitle the order to recognition as a qualified medical child support order.   History: En. Sec. 7, Ch. 504, L. 1995; amd. Sec. 15, Ch. 579, L. 1999.
MT Code § 40-5-808 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 8. Medical Support Order Enforcement|40-5-808. Persistence and duration of obligation

  40-5-808. Persistence and duration of obligation. (1) A parent's obligation to provide for medical care of a child ceases only when the parental obligation to support a child terminates under law.   (2) The obligations to provide medical care for a child, provide financial child support, and provide or comply with visitation and custody arrangements are independent of each other, and the failure or inability to provide one or more does not reduce one of the others.   (3) A guardian or caretaker who is not the child's father or mother may not be compelled to support the child or be held liable for the child's expenses, except to the extent that the guardian or caretaker has voluntarily agreed in writing to assume the responsibility.   History: En. Sec. 8, Ch. 504, L. 1995.
MT Code § 40-5-809 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 8. Medical Support Order Enforcement|40-5-809. Effect of order on health benefit plans

  40-5-809. Effect of order on health benefit plans. (1) The duties and responsibilities under a plan pursuant to this part apply equally to a union or employer that serves as the administrator of a plan for a parent who is a member or employee.   (2) A copy of a medical support order requiring enrollment of a child in a health benefit plan may be submitted to the plan administrator by either parent, by the department, by a third-party custodian, or by an employer-payor of either parent. The party submitting the order shall submit the child's name and birth date and the names and mailing addresses of the parents. If the child is a recipient of public assistance, the party submitting the order shall also submit the address of the department. If there is a third-party custodian of the child, the address of the third-party custodian must also be submitted. A copy of a medical support order may be served on the plan administrator by certified mail.   (3) Presentation of the medical support order to the plan administrator authorizes each parent, the department, if the department has interest, or the third-party custodian to receive pertinent notices from the plan administrator and to freely communicate and generally interact with the plan administrator in all respects regarding the child's benefits as fully and effectively as if the obligated parent were to do so personally.   (4) If a medical support order requires the child to be enrolled in a health benefit plan, presentation of the order to the plan administrator binds the plan to enroll the child in the plan as provided by this part.   (5) If a health benefit plan is available through the obligated parent's employer or other payor of income, presentation of the medical support order to the payor binds the payor to enrollment of the child in the plan and to automatically deduct premium payments required by the plan from the obligated parent's income and remit them to the plan provider for as long as the obligated parent is eligible for coverage.   (6) (a) Ambiguities and discrepancies in an order may not be used to unreasonably or unnecessarily delay health benefit plan coverage for a child.   (b) If more than one plan is available to an obligated parent and the medical support order fails to specify a plan or combination of benefits to be provided for a child or if there has been a change in plans due to a change in employment of the obligated parent or for some other reason, the parties and the department shall apply the medical support order so as to provide the child with coverage under a plan that has a reasonable cost and that provides the child with benefits closest to those described in the order.   History: En. Sec. 9, Ch. 504, L. 1995; amd. Sec. 15, Ch. 482, L. 1997.
MT Code § 40-5-811 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 8. Medical Support Order Enforcement|40-5-811. Authorization to cure nonpayment of health benefit plan premium

  40-5-811. Authorization to cure nonpayment of health benefit plan premium. In the case of an actual or threatened adverse action that would reduce or terminate plan benefits because of nonpayment of premium or insufficient payment of premium, the other parent, the department, or the third-party custodian may advance the cost of necessary premiums and keep benefits continually in force for the child. The advance may be entered as a judgment for unpaid child support in favor of the advancing party and against the obligated parent.   History: En. Sec. 11, Ch. 504, L. 1995.
MT Code § 40-5-813 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 8. Medical Support Order Enforcement|40-5-813. Obligation of payor

  40-5-813. Obligation of payor. (1) Upon receipt of a medical support order or an order requiring enrollment of the child pursuant to 40-5-810, a payor providing a health benefit plan shall withhold from the obligated parent's income an amount equal to the required premium, if any, and apply the withheld amount to the plan premium, except that amounts withheld may not exceed the maximum amount permitted under the federal Consumer Credit Protection Act. If the premium exceeds the maximum, the payor may not withhold the excess. If the total cost of the premium and child support to be withheld for current support and arrears exceeds the maximum amount permitted under the federal Consumer Credit Protection Act, the current child support and the full cost of the premium have priority before the arrears. If the total cost of the premium and current support exceeds the amount of permissible garnishment, the current support and arrears take priority over the premium up to the maximum amount permitted under the federal Consumer Credit Protection Act. The payor may not withhold the part of the premium that is in excess of the maximum.   (2) A medical support order or an order requiring enrollment of the child pursuant to 40-5-810 has priority over garnishment of the income of the obligated parent for any purpose, except child support.   (3) (a) The payor shall continue withholding premiums when an obligated parent resumes employment following any break in service, layoff, leave of absence, or other similar circumstance.   (b) Upon the termination of employment, extended layoff, or any other break in service that causes coverage under a health benefit plan to cease, the payor shall immediately notify the other parent and the department or the third-party custodian if either submitted the medical support order, the order requiring enrollment of the child pursuant to 40-5-810, or a written notice of interest to the plan.   (4) (a) A payor who is an employer may not discharge, refuse to employ, or take other disciplinary action against an obligated parent solely because of the issuance of a medical support order or an order requiring enrollment of the child pursuant to 40-5-810.   (b) The obligated parent has the burden of proving that the issuance of the medical support order or the order requiring enrollment of the child pursuant to 40-5-810 was the sole reason for the employer's action.   (c) A payor knowingly violating this section is subject to the contempt powers of the tribunal issuing the medical support order or the order requiring enrollment of the child pursuant to 40-5-810. The tribunal may, in addition, impose a civil penalty of not more than $150.   History: En. Sec. 13, Ch. 504, L. 1995; amd. Sec. 9, Ch. 431, L. 2005.
MT Code § 40-5-814 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 8. Medical Support Order Enforcement|40-5-814. Obtaining information

  40-5-814. Obtaining information. Upon the request of either of the child's parents, the department, or a third-party custodian, a health benefit plan shall provide information about the child's health benefit coverage, including but not limited to:   (1) a description of the benefits and options available under the plan and summaries of the terms and costs of all plans and options for which the child is eligible;   (2) names and addresses of the employer, union, plan, or other entities involved in administering the plan;   (3) identification cards or other methods for access to coverage, including but not limited to numbers, codes, or other references applicable to the plan or to the group through which the child participates;   (4) claims received or paid on behalf of the child, including the dates and amounts of payments and the names and addresses of parties who have submitted claims or received payment for claims; and   (5) other information relevant to the preparation, submission, processing, or verification of claims.   History: En. Sec. 14, Ch. 504, L. 1995.
MT Code § 40-5-815 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 8. Medical Support Order Enforcement|40-5-815. Paying claims

  40-5-815. Paying claims. Payment for a medical claim assigned to the department must be to the department. If a medical claim is not assigned to the department and the claim is submitted by a parent or a third-party custodian, payment must be to the health service provider involved. Payment may be to the parent or third-party custodian submitting the claim if there is written evidence of prepayment to the health service provider by that parent or third-party custodian.   History: En. Sec. 15, Ch. 504, L. 1995.
MT Code § 40-5-816 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 8. Medical Support Order Enforcement|40-5-816. Newborn children

  40-5-816. Newborn children. A health benefit plan must provide the coverage required by 33-22-301 to a newborn child covered by this part.   History: En. Sec. 16, Ch. 504, L. 1995.
MT Code § 40-5-817 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 8. Medical Support Order Enforcement|40-5-817. Adopted children -- preexisting conditions

  40-5-817. Adopted children -- preexisting conditions. A health benefit plan shall provide the coverage required by 33-22-130 to a child placed for adoption.   History: En. Sec. 17, Ch. 504, L. 1995.
MT Code § 40-5-818 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 8. Medical Support Order Enforcement|40-5-818. Nonexclusion -- nondiscrimination by health benefit plan

  40-5-818. Nonexclusion -- nondiscrimination by health benefit plan. A health benefit plan may not deny or limit enrollment of an obligated parent's child or discriminate against a child because:   (1) the child is not claimed as a dependent on the obligated parent's state or federal income tax return or considered as a dependent for tax purposes;   (2) the child was born out of wedlock;   (3) the child does not reside with the obligated parent;   (4) the child does not reside in the health plan's service area. A plan that provides medical care at particular locations or geographic areas shall also provide comparable benefits for a child whose residence or location is elsewhere.   (5) the natural child of the obligated parent has a preexisting condition, unless the plan does not provide for enrollment or provides only for limited enrollment of children with preexisting conditions.   History: En. Sec. 18, Ch. 504, L. 1995.
MT Code § 40-5-819 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 8. Medical Support Order Enforcement|40-5-819. Medical assistance eligibility

  40-5-819. Medical assistance eligibility. A health benefit plan may not use information pertaining to medical assistance eligibility under Title XIX of the federal Social Security Act as a factor in enrolling a child in a plan or in making payments for benefits on behalf of the covered child. A health benefit plan may not impose any restrictions or requirements on recipients of medical assistance or the department different from those applicable to any other plan participant.   History: En. Sec. 19, Ch. 504, L. 1995.
MT Code § 40-5-820 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 8. Medical Support Order Enforcement|40-5-820. Void health benefit plans

  40-5-820. Void health benefit plans. A health benefit plan provision that denies or restricts coverage for a child in violation of a provision of 40-5-815 through 40-5-818 is void as against public policy.   History: En. Sec. 20, Ch. 504, L. 1995.
MT Code § 40-5-821 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 8. Medical Support Order Enforcement|40-5-821. Penalty imposed by tribunal

  40-5-821. Penalty imposed by tribunal. (1) In addition to any other penalty provided by this part or other law, a tribunal, after a hearing, may impose a civil penalty not to exceed $25 for each day that a parent, health benefit plan, employer, union, or other payor is found to have knowingly violated a medical support order or a provision of or a rule adopted under this part.   (2) Imposition of a civil penalty under this section may be appealed if the tribunal is a court or may be reviewed under Title 2, chapter 4, part 7, if the tribunal is the department.   History: En. Sec. 21, Ch. 504, L. 1995; amd. Sec. 187, Ch. 42, L. 1997.