2023 Utah Code › Title 78B - Judicial Code › Chapter 12 - Utah Child Support Act › Part 2 - Calculation and Adjustment › Section 212 - Medical expenses.

Effective 5/3/2023
78B-12-212.
Medical expenses.
(1) Except as provided in Subsection (3), a child support order issued or modified in this state on or after May 3, 2023, shall require compliance with the requirements described in Subsection (2) as of the effective date of the child support order.
(2) A child support order shall:
(a) order that the parents provide health care coverage for the medical expenses of a child;
(b) order that the parents provide insurance for the medical expenses of a child if insurance is available to the parents at a reasonable cost;
(c) in accordance with Subsection 30-3-5(3)(b)(ii) and Section 30-3-5.4, designate which health, hospital, or dental insurance plan is primary and which health, hospital, or dental insurance plan is secondary if, at any time, a child is covered by both parents' health, hospital, or dental insurance plans;
(d) require each parent to share equally the out-of-pocket costs of the premium actually paid by a parent for the child's portion of insurance; and
(e) in accordance with Subsection 30-3-5(3)(a), include a provision that requires each parent to equally share all reasonable and necessary uninsured and unreimbursed medical and dental expenses incurred for a child, including co-payments, co-insurance, and deductibles.
(3) A court may deviate from the requirements described in Subsection (2) if:
(a) the court makes specific findings establishing good cause for the deviation; or
(b) subject to the court's approval, the parents agree which parent shall provide insurance for the child.
(4) In determining whether to take the action described in Subsection (3), the court may consider:
(a) the reasonableness of the cost;
(b) the availability of a group insurance policy;
(c) the coverage of the policy; or
(d) the preference of the custodial parent.
(5) Subject to Subsection (3), if a child support order does not contain the requirements described in Subsection (2):
(a) the parents are nonetheless subject to the requirements described in Subsection (2), as applicable; and
(b) for purposes of Subsection (2)(c), the insurance plan of the parent whose birthday falls first in the calendar year is primary, and the insurance plan of the parent whose birthday falls second in the calendar year is secondary.
(6)
(a) The parent who provides insurance may receive credit against the base child support award or recover the other parent's share of the child's portion of the premium.
(b) If the parent does not have insurance but another member of the parent's household provides insurance for the child, the parent may receive credit against the base child support award or recover the other parent's share of the child's portion of the premium.
(7)
(a) The child's portion of the premium is a per capita share of the premium actually paid.
(b) The premium expense for a child 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.
(8)
(a) The parent maintaining health care coverage or 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. Sec. 601 et seq., upon initial enrollment of the child, and after initial enrollment on or before January 2 of each calendar year.
(b) 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. Sec. 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.
(9) 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.
(10) 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 (8) and (9).
Amended by Chapter 333, 2023 General Session