Administrative Rules of Montana
Department 37 - PUBLIC HEALTH AND HUMAN SERVICES
Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES
Subchapter 37.62.19 - Medical Support Enforcement
Rule 37.62.1909 - REASONABLE COST OF HEALTH INSURANCE
Universal Citation: MT Admin Rules 37.62.1909
Current through Register Vol. 6, March 22, 2024
(1) An individual insurance or a health benefit plan is presumed to be available to a parent at a reasonable cost if:
(a) the amount payable for individual
insurance or health benefit plan premiums does not exceed 5% of that parent's
gross income; or
(b) a health
benefit plan is available through an employer or other group organization for
which the premium is partially or entirely paid by the employer or other group
organization.
(2) The presumption under (1) may be rebutted by clear and convincing evidence, and the tribunal has the discretion to:
(a) order
individual insurance or health benefit plan coverage when the amount of the
premium may be greater than the presumptive amount; or
(b) not order coverage when the amount of the
premium is less than the presumptive amount.
Sec. 40-5-806 and 40-5-825, MCA; IMP, Sec. 40-5-806 and 40-5-825, MCA;
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