Bill
HB 6263
The bill clarifies how pregnancy and birth medical expenses for out-of-wedlock births are allocated between parents, especially when Medicaid pays.
Status and introduction
- Bill number: HB 6263. Electronically reproduced 12/10/2024; introduced (house record) 1/23/2025. Introduced by Rep. Andrew W. Beeler (co-sponsored by Rep. Thompson in the draft). Referred to Committee on Families, Children and Seniors; public hearing 3/17/2025; Joint Favorable Substitute reported 3/24/2025; reported out of Legislative Corrections Office and favorably reported to House calendar 4/14/2025 (House Calendar No. 421, File No. 681).
- Amends: 1956 PA 205 ("The paternity act"), section 2 (MCL 722.712), as amended by 2009 PA 235.
- Enactment contingency: the amendatory act will not take effect unless companion bills (House Bill No. 6262 and House Bill No. 6260, or Senate counterparts) are also enacted.
Purpose / intent
- Clarifies and updates how medical expenses connected to a mother’s pregnancy and a child’s birth are allocated when the child is born out of wedlock, particularly when Medicaid has or has not paid those expenses. It establishes procedures for apportioning costs, identifies who must pay, and creates evidentiary and enforcement provisions.
Key provisions and changes
- Lists parental liabilities for out-of-wedlock births (pregnancy-related medical expenses, birth medical expenses, necessary child support and education, and funeral expenses).
- When Medicaid has NOT paid pregnancy/birth medical expenses:
- Court must, on a parent’s request, determine reasonableness and apportion the expense between parents based on ability to pay and other relevant factors (using same approach as health care expense division under friend of the court child support formula, MCL 552.519).
- Court may order reimbursement between parents or to other payors and may require an itemized bill before apportionment.
- When Medicaid HAS paid:
- On request of the Office of Child Support (or designee), court must determine reasonable/necessary amount using the actuarially based case rate certified by the Department of Community Health and Human Services (or the amount certified by that department).
- The court must apportion the determined amount to the father using the method in section 3(o) of the Office of Child Support Act (MCL 400.233).
- The father must pay his apportioned share to the Medicaid agency through the state disbursement unit.
- The mother is not required to pay any portion of those Medicaid-paid expenses.
- Exception for crimes: if pregnancy or complications were determined in another proceeding to result from physical or sexual battery, the perpetrator must be apportioned the pregnancy/birth medical expenses.
- Marriage abatement: a court order providing for payment of pregnancy/birth medical expenses must provide that if the father later marries the mother and provides documentation to the friend of the court, the father’s obligation for unpaid medical expenses is abated (suspended) as of the date documentation is provided; that abatement can be reinstated after notice and hearing for good cause (including divorce). Orders entered on or before Oct 1, 2004 are similarly treated by operation of law.
- Evidence rules: bills for funeral or pregnancy/birth expenses, or actuarially based case rates, are admissible without third-party foundation testimony and are prima facie evidence of the expense.
- Enforcement and other remedies: the department may seek reimbursement by other legal procedures outside this act; filiation orders or approved settlements are enforceable against a deceased father’s estate like a divorce decree.
- Clarification for married parents: for a child born to married parents, a parent may not be required to pay child support if the court determines that parent is not the child’s biological parent.
- Defines “Medicaid” consistent with state statute (MCL 400.105).
Who is affected
- Primarily: fathers of children born out of wedlock (more robustly assigned liability where Medicaid paid), mothers (protected from repayment when Medicaid paid), Office of Child Support and Medicaid/state disbursement unit, friend of the court, other payors (including insurers or individuals who paid bills), and estates of deceased fathers.
- Also affects court procedures and evidence handling in paternity/filiation actions.
Procedural / implementation notes
- Implementation is contingent on enactment of two related bills (HB 6262 and HB 6260, or Senate equivalents).
- Uses actuarially based case rates certified by a state health department entity to determine reasonable charges for Medicaid-covered pregnancy and birth services.
- Integrates statutory cross-references to the Friend of the Court Act (MCL 552.519) and the Office of Child Support Act (MCL 400.233) for allocation methods.
Compiled from official sources — confirm details with the bill’s official record.
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