Ensuring Child Health Coverage Compensation in Divorce Act of 2026

#8164 | HR Congress #119

Subjects:

Last Action: Referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, and Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. (3/30/2026)

Bill Text Source: Congress.gov

Summary and Impacts
Original Text

Bill Summary

The **"Ensuring Child Health Coverage Compensation in Divorce Act of 2026"** aims to enhance medical child support provisions by amending existing laws related to health insurance coverage. The legislation mandates that group health plans, health insurance issuers, and Federal Employees Health Benefits Program (FEHBP) plans fulfill specific requirements concerning medical child support orders.

Key provisions of the act include:

1. **Information Access**: Insurance plans must provide necessary information to custodial parents to help them access health benefits for their children.

2. **Claims Submission**: Custodial parents, or their approved providers, can submit claims for covered medical services without needing prior approval from the noncustodial parent.

3. **Direct Payments**: Payments for claims submitted by custodial parents will be made directly to them or their healthcare providers, ensuring that children receive timely medical coverage.

This legislation is intended to streamline access to healthcare for children of divorced or separated parents and will take effect for plan years beginning on or after January 1, 2026.

Possible Impacts

The "Ensuring Child Health Coverage Compensation in Divorce Act of 2026" could affect people in various ways. Here are three examples:

1. **Improved Access to Healthcare for Children**: The legislation mandates that group health plans and insurance issuers provide necessary information to custodial parents, allowing them to access their children's health benefits more easily. This could significantly improve healthcare access for children in divorced families, ensuring they receive necessary medical treatments and preventive care without delays caused by the noncustodial parent's involvement.

2. **Simplified Claims Process**: By allowing custodial parents (or providers with the custodial parent’s approval) to submit claims for covered services without needing consent from the noncustodial parent, the act streamlines the claims process. This can reduce potential conflicts between parents and lessen the administrative burden on custodial parents, making it easier for them to manage their children's healthcare needs swiftly and efficiently.

3. **Direct Payments to Custodial Parents**: The requirement that payments for claims submitted by custodial parents or their providers be made directly to them can enhance financial stability for custodial parents. This ensures that funds for medical services are readily available for their children’s healthcare, reducing the risk of out-of-pocket expenses for services that should be covered under the health plan associated with the noncustodial parent.

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8164 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                                H. R. 8164

  To amend title XXVII of the Public Health Service Act and title 5, 
  United States Code, to require group health plans, health insurance 
  issuers offering group or individual health insurance coverage, and 
Federal Employees Health Benefits Program health benefits plans to meet 
certain requirements with respect to medical child support orders, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 30, 2026

  Ms. Norton introduced the following bill; which was referred to the 
Committee on Energy and Commerce, and in addition to the Committees on 
Ways and Means, and Oversight and Government Reform, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
  To amend title XXVII of the Public Health Service Act and title 5, 
  United States Code, to require group health plans, health insurance 
  issuers offering group or individual health insurance coverage, and 
Federal Employees Health Benefits Program health benefits plans to meet 
certain requirements with respect to medical child support orders, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ensuring Child Health Coverage 
Compensation in Divorce Act of 2026''.

SEC. 2. MEDICAL CHILD SUPPORT ORDER REQUIREMENTS.

    (a) Public Health Service Act Requirements.--Subpart II of part A 
of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-11 et 
seq.) is amended by adding at the end the following new section:

``SEC. 2730. COVERAGE PURSUANT TO MEDICAL CHILD SUPPORT ORDERS.

    ``In any case in which a child has benefits under the group health 
plan or health insurance coverage of a noncustodial parent (including a 
stepparent), such plan or the issuer offering such coverage shall--
            ``(1) provide such information to the custodial parent as 
        may be necessary for the child to obtain benefits through such 
        plan or such coverage;
            ``(2) permit the custodial parent (or provider, with the 
        custodial parent's approval) to submit claims for covered 
        services without the approval of the noncustodial parent; and
            ``(3) make payment on claims submitted in accordance with 
        paragraph (2) directly to such custodial parent or the 
        provider.''.
    (b) Federal Employees Health Benefits Program Requirements.--
Section 8904 of title 5, United States Code, is amended by adding at 
the end the following new subsection:
    ``(c) In any case in which a child has health coverage through the 
carrier of a noncustodial parent (including a stepparent) under the 
program established under this chapter, such carrier shall--
            ``(1) provide such information to the custodial parent as 
        may be necessary for the child to obtain benefits through such 
        coverage;
            ``(2) permit the custodial parent (or provider, with the 
        custodial parent's approval) to submit claims for covered 
        services without the approval of the noncustodial parent; and
            ``(3) make payment on claims submitted in accordance with 
        paragraph (2) directly to such custodial parent or the 
        provider.''.
    (c) Federal Health Care Programs.--Part A of title XI of the Social 
Security Act (42 U.S.C. 1301 et seq.) is amended by adding at the end 
the following new section:

``SEC. 1150D. COVERAGE PURSUANT TO MEDICAL CHILD SUPPORT ORDERS.

    ``In any case in which a child has benefits under a Federal health 
care program through a noncustodial parent (including a stepparent), 
such program shall--
            ``(1) provide such information to the custodial parent as 
        may be necessary for the child to obtain benefits through such 
        program;
            ``(2) permit the custodial parent (or provider, with the 
        custodial parent's approval) to submit claims for covered 
        services without the approval of the noncustodial parent; and
            ``(3) make payment on claims submitted in accordance with 
        paragraph (2) directly to such custodial parent, or State 
        agency (if applicable).''.
    (d) Effective Date.--The amendments made by this section shall 
apply with respect to plan years beginning on or after January 1, 2026.
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