August 24, 2011, Introduced by Reps. MacMaster and Potvin and referred to the Committee on Judiciary.
A bill to amend 1956 PA 205, entitled
"The paternity act,"
by amending section 2 (MCL 722.712), as amended by 2009 PA 235.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. (1) The parents of a child born out of wedlock are
liable for all of the following:
(a) The medical expenses connected to the mother's pregnancy.
(b) The medical expenses connected to the birth of the child.
(c) The necessary support and education of the child.
(d) The child's funeral expenses.
(2) Subject to subsection (3), if medicaid has not paid a
medical expense described in subsection (1)(a) or (b), on request
from a parent, the court in an action brought under this act shall
do all of the following:
(a) If the court determines the expense to be reasonable and
necessary, apportion the expense between the parents based on each
parent's ability to pay and on any other relevant factor, in the
same manner as health care expenses of a child are divided under
the child support formula established under section 19 of the
friend of the court act, 1982 PA 294, MCL 552.519.
(b) In the court's discretion, if 1 parent has paid the
expense, require the parent who did not pay the expense to pay his
or her share of the expense to the other parent.
(c) In the court's discretion, at the request of a person
other than a parent who has paid the expense, order a parent
against whom the request is made to pay to the person the parent's
share of the expense.
(d) On request from a parent, require an itemized bill for the
expense before making an apportionment under this subsection.
(3) Subject to subsection (4), if medicaid has paid a medical
expense described in subsection (1)(a) or (b), on request from the
office of child support or its designee, the court in an action
brought under this act shall do all of the following:
(a) Determine the amount of the expense that is reasonable and
necessary by using the actuarially based case rate established and
certified by the department of community health or the amount of
the expense certified by the department of community health.
(b) Apportion the amount determined under subdivision (a) to
the father using the method established under section 3(o) of the
office of child support act, 1971 PA 174, MCL 400.233.
(c) Require the father to pay the amount apportioned to the
father under subdivision (b) to the medicaid agency through the
state disbursement unit.
(d) Not require the mother to pay any of the expenses.
(4) If a pregnancy or a complication of a pregnancy has been
determined in another proceeding to have been the result of either
a physical or sexual battery by a party to the case, the court
shall apportion the medical expenses described in subsection (1)(a)
and (b) to the party who was the perpetrator of the battery.
(5) A court order entered under subsection (2) or (3) shall
provide that if the father marries the mother after the birth of
the child and provides a copy of the marriage license or other
documentation of the marriage to the friend of the court, the
father's obligation for payment of any unpaid medical expense
described in subsection (1)(a) or (b) is abated subject to
reinstatement after notice and hearing for good cause shown,
including, but not limited to, dissolution of the marriage. An
expense abated under this subsection is abated as of the date that
documentation of the marriage is provided to the friend of the
court.
(6) A court order entered under subsection (2) or (3) shall
provide that if the father obtains sole custody of the child under
a court order and provides a copy of the court order to the friend
of the court, the father's obligation for payment of any unpaid
medical expense described in subsection (1)(a) or (b) is abated
subject to reinstatement after notice and hearing for good cause
shown. An expense abated under this subsection is abated as of the
date that the order is provided to the friend of the court.
(7) (6)
An order that provides for the
payment of a medical
expense connected to a mother's pregnancy or a child's birth
entered by the court in an action under this act on or before
October 1, 2004 shall be considered by operation of law to provide
for the abatement of any such medical expense that remains unpaid
if the father marries the mother or if the father obtains sole
custody of the child under a court order. An abatement under this
subsection shall be implemented under the same circumstances and
enforced in the same manner as an abatement of expenses under
subsection (5) or (6).
(8) (7)
The court shall admit in
proceedings under this act a
bill for funeral expenses or for expenses connected to the mother's
pregnancy or the birth of the child, or actuarially based case
rates as determined by the department of community health, without
third party foundation testimony. A bill or case rates admitted
under this subsection are prima facie evidence of the relevant
funeral or medical expense.
(9) (8)
This section does not prohibit the
department of
community health from seeking reimbursement of expenses from a
party or other person, including an insurer, by a legal procedure
other than an action under this act.
(10) (9)
If the father of a child born out
of wedlock dies, an
order of filiation or a judicially approved settlement made before
his death is enforceable against his estate in the same manner and
way as a divorce decree.
(11) (10)
As used in this section,
"medicaid" means the
medical assistance program administered by this state under section
105 of the social welfare act, 1939 PA 280, MCL 400.105.