LRB-2705/3
PJK:wlj:rs
2005 - 2006 LEGISLATURE
June 28, 2005 - Introduced by Representatives Owens, Ainsworth, Albers,
Ballweg, Gronemus, Hahn, Hines, Kerkman, Krawczyk, Lehman, Lothian,
Musser, Pridemore, Townsend, Van Roy
and Vos, cosponsored by Senators
Roessler and Darling. Referred to Committee on Family Law.
AB526,1,3 1An Act to create 767.23 (1n) (b) 3. and 767.25 (4m) (bm) of the statutes; relating
2to:
requiring a child's parent to provide a health insurance identification card
3to the child's other parent.
Analysis by the Legislative Reference Bureau
Under current law, when a court orders child support in an action affecting the
family, such as a divorce, legal separation, or paternity action, the court is supposed
to assign responsibility for, and direct the manner of payment of, the child's health
care expenses. The court may require a parent to initiate or continue health
insurance coverage for the child.
This bill provides that, in an action affecting the family, if a parent is required
to provide health insurance coverage for a child, the court must order that parent to
provide to the other parent a health insurance identification card for the child. If the
parent who is ordered to provide a card fails to do so, the other parent may attempt
to obtain a card for the child by presenting the order to the health insurance provider
or to the employer providing the health insurance. If that parent is unable to obtain
a card in that manner, however, the intentional failure by the parent ordered to
provide a health insurance identification card to provide a card as ordered
constitutes contempt of court.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB526, s. 1
1Section 1. 767.23 (1n) (b) 3. of the statutes is created to read:
AB526,2,62 767.23 (1n) (b) 3. If the court or circuit court commissioner requires one party
3to cover the child under a health insurance policy or plan under sub. (1) (k), the court
4or circuit court commissioner shall order the party to provide to the other party a
5health insurance identification card for the child. Section 767.25 (4m) (bm) 2. and
63. applies to a failure to comply with a temporary order under this subdivision.
AB526, s. 2 7Section 2. 767.25 (4m) (bm) of the statutes is created to read:
AB526,2,118 767.25 (4m) (bm) 1. The court shall order a parent who is required to provide
9health insurance coverage for a child under this subsection to provide to the other
10parent a health insurance identification card evidencing the child's health insurance
11coverage.
AB526,2,1512 2. If the parent ordered to provide a health insurance identification card for the
13child fails to do so, the other parent may attempt to obtain a card for the child by
14presenting to the health insurance provider or to the employer through which the
15insurance is provided a copy of the order requiring the provision of a card.
AB526,2,1916 3. If the other parent is unable to obtain a health insurance identification card
17for the child in the manner provided in subd. 2., the intentional failure to comply with
18the order to provide the card by the parent so ordered constitutes a contempt of court,
19punishable under ch. 785.
AB526,2,2020 (End)
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