Texas Bill Would Require Parents in Custody Cases to Provide Proof of Private Health Coverage or Apply for CHIP, Medicaid

Texas courts could order parents in custody cases to prove they are providing private health insurance for their children or to apply for CHIP or Medicaid coverage, under a bill approved unanimously by the state Senate on March 6, the Ft. Worth Star-Telegram reports. Introduced by Chris Harris (R), Senate Bill 236 would amend an existing statute that requires courts deciding child custody cases to "order at least one parent to provide health coverage for the couple's children" but does not require that the parents provide proof of insurance. Current state law also generally requires health insurance to be supplied by the parent paying child support but does not "give that parent standing to apply for publicly subsidized coverage" (Moritz, Ft. Worth Star-Telegram, 3/7). Under Harris' bill, the court could order the parent paying child support to provide insurance under a plan sponsored by his or her employer or other organization, or to provide payment to cover any cost of providing insurance under an employer- or organization-sponsored plan available to the parent receiving child support, assuming either was available at "reasonable cost." If neither parent has access to sponsored coverage or to another private plan at reasonable cost, the court would order that the "custodial parent or, to the extent permitted by law, the noncustodial parent immediately apply on behalf of the child for participation" in Medicaid or CHIP, and that the child-support-paying parent cover any relevant costs. The bill also directs the state attorney general to request any federal waiver or authorization needed to implement the bill under Medicaid or CHIP rules (SB 236 text, 3/7). Harris said the bill could provide coverage for as many as 150,000 uninsured children. The proposal is one of several in the current legislative session that aims to "streamline" the Medicaid and CHIP application processes (Ft. Worth Star-Telegram, 3/7).