Every child support order must include a medical support clause.
Whenever a child support order that does not include a medical support clause is modified the modification must include a medical support clause.
A medical support clause may require that medical support be provided in more than one form, and may make the requirement that medical support be provided in a particular form contingent on the availability of another form of medical support.
A medical support clause must require that one or both parents provide health care coverage for a child that is appropriate and available at the time the order is entered. If health care coverage for a child is not appropriate and available at the time the order is entered, the order must:
Require that one or both parents provide health care coverage for the child at any time thereafter when such coverage becomes available; and
Either require the payment of cash medical support, or include findings on why cash medical support has not been required.
For the purposes of subsection (4) of this section, health care coverage is appropriate and available for a child if the coverage:
Is accessible, as described in subsection (6) of this section;
Is reasonable in cost and does not require the payment of unreasonable deductibles or copayments; and
Provides coverage, at a minimum, for medical expenses, hospital expenses, preventive care, emergency care, acute care and chronic care.
Health care coverage is accessible for the purposes of subsection (5)(a) of this section if:
The coverage will be available for at least one year, based on the work history of the parent providing the coverage; and
The coverage either does not have service area limitations or the child lives within 30 miles or 30 minutes of a primary care provider who is eligible for payment under the coverage.
A medical support clause may not order a providing party to pay cash medical support or to pay to provide health care coverage if the providing party’s income is equal to or less than the Oregon minimum wage for full-time employment.
Cash medical support and the cost of other medical support ordered under a medical support clause constitute a child support obligation and must be included in the child support calculation made under ORS 25.275 (Formula for determining child support awards). [2003 c.637 §3; 2007 c.878 §6; 2009 c.351 §2; 2009 c.595 §55; 2011 c.318 §6; 2017 c.467 §1]