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House adopts Senate Bill 121 to clarify creditor liability for children's medical bills
Summary
The House debated and passed SB121 to limit creditors' ability to pursue custodial parents beyond court-ordered medical obligations and to clarify noncustodial parents' responsibilities for reasonable and necessary medical expenses when no order exists; the measure drew sustained debate over due-process and creditor protections.
Senate Bill 121, carried in the House by Representative Norm Nielsen (and sponsored in the Senate by Carl Blake Stewart), drew extended floor debate on Feb. 28.
The measure and amendments aim to prevent medical or dental creditors from collecting more from a custodial parent than that parent’s court-ordered share of medical expenses and to make clear that where no court order exists the noncustodial parent is nevertheless chargeable for reasonable and necessary medical and dental expenses. Sponsors said the bill protects custodial parents — often single mothers — from being pursued for debts the noncustodial parent was responsible for under a decree.
Opponents raised concerns about due process and about creditors acquiring judgments against noncustodial parents who had no direct contract with providers. Representative Curtis warned that the statute could create a new direct right of action by creditors against a noncustodial parent who may have no prior notice of incurred medical charges. Supporters responded that existing remedies are inadequate and that the bill, combined with other measures (including House Bill 63 to strengthen recovery mechanisms), better protects custodial parents and clarifies responsibilities.
Several members offered firsthand anecdotes of custodial parents who were turned away by providers demanding guarantees even when a court order existed. Representative Kathleen Bachman said that Primary Children’s Hospital once refused to proceed with life-saving surgery without an absolute guarantee of payment despite an order assigning the father the obligation.
The House adopted the amendments and passed SB121 (vote recorded) and returned it to the Senate for further consideration.
