1. (1) An individual insurance or a health benefit plan is presumed to be available to a parent at a reasonable cost if:

   1. (a) the amount payable for individual insurance or health benefit plan premiums does not exceed 5% of that parent's gross income; or
   2. (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. (2) The presumption under (1) may be rebutted by clear and convincing evidence, and the tribunal has the discretion to:

   1. (a) order individual insurance or health benefit plan coverage when the amount of the premium may be greater than the presumptive amount; or
   2. (b) not order coverage when the amount of the premium is less than the presumptive amount.

Authorizing statute(s): Sec. 40-5-806 and 40-5-825, MCA

Implementing statute(s): Sec. 40-5-806 and 40-5-825, MCA

History: NEW, 2001 MAR p. 1646, Eff. 8/24/01; AMD, 2003 MAR p. 2304, Eff. 10/17/03.