Title 40, Title 40

(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 enforcem…

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 t…

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.

This part may be known and cited as the "Medical Support Reform Act".

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 prim…

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 he…

For purposes of this part, the following definitions apply: (1) "Child" means an individual, whether over or under 18 years of age, to whom or on whose behalf a legal duty of support is owed by a parent. The term includes but is not limited to a child enrolled or eligible for enr…

(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…

(1) A medical support order may specify terms for individual insurance coverage and, to the extent of options within an available health benefit plan, the terms for plan coverage, including: (a) minimum required policy limits; (b) minimum required coverage; (c) maximum terms for …

(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…

(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 c…

(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 benef…

(1) When a parent is required by a medical support order to obtain a health benefit plan for a child, the parent may be served with a notice of intent to enroll the child in any plan available to that parent. The notice may be issued separately or may be combined with any other n…

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 ke…

(1) Upon receipt of a medical support order requiring a parent to provide coverage for a child or an order requiring enrollment of a child pursuant to 40-5-810, the administrator of a health benefit plan who receives the order shall accept the order as a valid authorization to en…

(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…

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 th…

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…

A health benefit plan must provide the coverage required by 33-22-301 to a newborn child covered by this part.

A health benefit plan shall provide the coverage required by 33-22-130 to a child placed for adoption.

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; (…

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 no…

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.

(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 suppor…

(1) An obligated parent shall promptly execute and deliver to the provider of individual insurance, to a health benefit plan, or to another proper party all forms and instruments necessary to ensure the child's timely enrollment and continuous participation in any individual insu…

(1) The department or a court on request of the department may issue an order requiring the obligated parent to appear and show cause why an order should not be issued permitting the department to purchase individual insurance or health benefit plan coverage for the obligated par…

(1) A parent, the department, or the third-party custodian may apply to the court for expedited enforcement procedures under this part. If the child receives medicaid, a parent or third-party custodian may apply to the department for and the department may on its own motion use e…

The department may adopt rules to implement this part.

As used in this part, unless the context requires otherwise, the following definitions apply: [(1) "Date of hire" means the first day that an employee starts work for which the employee is owed compensation by the payor of income.] (2) "Department" means the department of public …

(1) The department shall establish and maintain a centralized child support case registry and payment processing unit. The purpose of this unit is to facilitate mass case processing by utilizing computer technology to identify parents and their income and to initiate automated pr…

(1) There must be registered in the case registry an abstract of: (a) each case, including interstate cases, receiving IV-D services provided by the department; (b) each support order entered and each modification of an existing support order made in this state after October 1, 1…

(1) In a court case, before a decree, judgment, or order may be docketed, the parties to the action or their attorneys shall prepare, on a form prescribed by the department, the abstract of a support order required under 40-5-907(3) and deliver it to the clerk of court whenever: …

(1) Payments due under a support order must be paid through the department for processing and distribution to the person or agency entitled to receive the payment whenever: (a) the case is receiving IV-D services; or (b) the support obligation is payable through non IV-D income w…

(1) Support payments processed through the case processing unit must be promptly disbursed unless one of the following circumstances or a similar circumstance prevents prompt distribution: (a) the location of the obligee is unknown; (b) the support debt is in litigation or, in an…

The department shall monitor all IV-D cases in the case registry and payment processing unit to promptly identify failures to make timely payment of support. If payment is not timely made, the department may: (1) determine why a timely payment was not received and take any action…

(1) Copies, including optically scanned copies, of support payment records, abstracts, and any supporting documents maintained by the case registry and payment processing unit, when certified by a designated employee of the department, must, without further proof or foundation, b…

(Temporary) Directory of new hires -- employer reporting requirements. (1) (a) An employer doing business in the state shall report to the department the hiring or rehiring of an employee to whom the employer anticipates paying income. (b) An employer shall report the hiring or r…

Information in the case registry and payment processing unit that contains the social security number, residential address, income sources, and employers of an obligee or obligor [and the employee W-4 forms or similar forms transmitted to the department] is private and confidenti…

(Temporary) Automated access to financial records -- confidentiality -- no liability -- definitions. (1) For the purposes of this section, unless the context otherwise indicates, the following definitions apply: (a) "Account" means a savings, checking, deposit and withdrawal, dem…

(1) A district court may order a termination of the parent-child legal relationship after the filing of a petition pursuant to this section alleging the factual grounds for termination as provided for in subsection (2). (2) Grounds for termination pursuant to this section exist w…

(1) Except as otherwise provided in this part, service of process must be made as provided in the Montana Rules of Civil Procedure. (2) If a person cannot be served personally or by certified mail, the person may be served by publication as provided in 40-6-1003. Publication cons…

(1) Before service by publication is authorized in a proceeding under this part, the person filing the petition pursuant to 40-6-1001(4) shall file with the court an affidavit stating that, after due diligence, the parent whose rights are subject to termination cannot be identifi…

This part may be cited as the "Uniform Parentage Act".

As used in this part, the following definitions apply: (1) "Parent and child relationship" means the legal relationship existing between a child and the child's natural or adoptive parents incident to which the law confers or imposes rights, privileges, duties, and obligations. I…

The parent and child relationship extends equally to every child and to every parent, regardless of the marital status of the parents.

The parent and child relationship between a child and: (1) the natural mother may be established by proof of the mother having given birth to the child or under this part; (2) the natural father may be established under this part; (3) an adoptive parent may be established by proo…