5101:12-57-10.6 Terminating the national medical support notice.

 

 

PUBLIC HEARING NOTICE

OHIO DEPARTMENT OF JOB AND FAMILY SERVICES

 

DATE:    December 29, 2008

TIME: 10:00 a.m.

LOCATION:  Room 3110B, Rhodes State Office Tower, 30 East Broad St., Columbus, Ohio 43215

 

Pursuant to sections 3119.51 and 3125.25 and Chapter 119. of the Ohio Revised Code, the Director of the Ohio Department of Job and Family Services gives notice of the department's intent to consider the rescission, adoption, and amendment of the rules as identified below and of a public hearing thereon.

 

The following Ohio Administrative Code (OAC) rule is being proposed for rescission to comply with section 452(f) of the Social Security Act, as amended by section 7307 of the Deficit Reduction Act of 2005 and to comply with section 3119.30 of the Revised Code as adopted by Amended Substitute House Bill 119 of the 127th General Assembly, regarding the medical support provisions contained in a child support order:

 

·         Rule 5101:12-47-01, "Provision for medical support" describes the provision for medical support required in a child support order. This rule is being proposed for rescission and replaced by new rules 5101:12-47-01 and 5101:12-47-01.1 because more than fifty percent of this rule is being stricken and a comparable amount of new text is being added.

 

The following OAC rules are being proposed for rescission as a result of the five-year review requirement:

 

·         Rule 5101:12-60-05, "Administrative review and adjustment process," describes the administrative review and adjustment process. This rule is being proposed for rescission and replaced by a new rule with the same rule number and title because more than fifty percent of this rule is being stricken and a comparable amount of new text is being added.

 

·         Rule 5101:12-60-05.1, "Initiation of an administrative review," describes the criteria to initiate an administrative review. This rule is being proposed for rescission and replaced by a new rule with the same rule number and title because more than fifty percent of this rule is being stricken and a comparable amount of new text is being added.

 

·         Rule 5101:12-60-05.3, "The administrative review," describes the child support enforcement agency's (CSEA's) responsibilities in calculating and recommending the adjusted child support order. This rule is being proposed for rescission and replaced by a new rule with the same rule number and title because more than fifty percent of this rule is being stricken and a comparable amount of new text is being added.

 

·         Rule 5101:12-60-05.4, "Calculation and recommendation of a revised support order," describes the CSEA's responsibilities in calculating and recommending the adjusted child support order. This rule is being proposed for rescission and replaced by a new rule with the same rule number but different title because more than fifty percent of this rule is being stricken and a comparable amount of new text is being added

 

·         Rule 5101:12-60-05.5, "Notice of hearing rights," describes the hearing rights of both parties. This rule is being proposed for rescission and replaced by a new rule with the same rule number and title because more than fifty percent of this rule is being stricken and a comparable amount of new text is being added.

 

·         Rule 5101:12-60-05.6, "CSEA administrative adjustment hearing process," describes the administrative adjustment hearing process. This rule is being proposed for rescission and replaced by a new rule with

 

 

 

 

the same rule number and title because more than fifty percent of this rule is being stricken and a comparable amount of new text is being added.

The following OAC rules are being proposed for adoption to comply with section 452(f) of the Social Security Act, as amended by section 7307 of the Deficit Reduction Act of 2005 and to comply with section 3119.30 of the Revised Code as adopted by Amended Substitute House Bill 119 of the 127th General Assembly, regarding the medical support provisions contained in a child support order:

·         Rule 5101:12-47-01, "Medical support provisions," describes the specific medical support provisions required to be in all court child support orders and administrative child support orders. Changes from the rescinded rule include: added two definitions for reasonable cost (one definition is for child support orders issued or modified prior to July 21, 2008 and the other is for child support orders issued or modified on or after July 21, 2008); removed the definition of "health insurance coverage"; added definitions for "accessible," "cash medical support," "federal poverty level for an individual," and "primary care services"; removed the reference in "reasonable cost" to "employment-related health insurance" and further redefined "reasonable cost.". It replaces part of rescinded rule 5101:12-47-01.

·         Rule 5101:12-47-01.1, "Order to provide private health insurance," describes the requirements for the CSEA, upon issuing or modifying a child support order, to order one or both of the parties to provide private health insurance coverage for the child that is accessible and reasonable in cost or, when such coverage is not available to either party, to order both parties to immediately inform the CSEA when such coverage becomes available. Changes from the rescinded rule include: parties inform the CSEA when private health insurance coverage becomes available regardless of whether the court or the CSEA issued or modified the child support order. It replaces part of rescinded rule 5101:12-47-01.

·         Rule 5101:12-47-01.2, "Order to pay cash medical support," describes the requirements of the obligor to pay cash medical support when private health insurance that is accessible and reasonable in cost is not available to either parent or is not being provided in accordance with the support order.

·         Rule 5101:12-57-01.1, "Enforcement of order to report private health insurance," describes the responsibilities of the CSEA when private health insurance that is accessible and reasonable in cost was not available to either party at the time that the order was issued or modified but is now available, and when the health insurance obligor's coverage lapsed but new coverage is now available.

·         Rule 5101:12-57-01.2, "Enforcement of cash medical support order," describes the responsibilities of the CSEA to enforce cash medical support when a health insurance obligor was named at the time that the order was issued or modified and that coverage is no longer available.

·         Rule 5101:12-57-08, "Medical support mistake of fact hearing process," describes the parties' rights to an administrative medical support mistake of fact hearing regarding whether or not private health insurance that is accessible and reasonable in cost is available to either party, in response to the CSEA's decision that the health insurance obligor is or is not able to provide private health insurance coverage for the child.

The following OAC rules are being proposed for adoption to replace rules that are being rescinded as a result of a review conducted in accordance with Section 119.032 of the Revised Code, which requires the review of all state agency rules within a five-year period:

·         Rule 5101:12-60-05, "Administrative review and adjustment process," describes the administrative review and adjustment process. It replaces rule 5101:12-60-05. Changes from the rescinded rule include: modify the definition of "adjustment" to include the adjustment of a cash medical support

obligation; delete the definition of "assigned case" as it is defined in another rule; clarify that the administrative review and adjustment process applies to IV-D and Non IV-D child support cases with a current child support order; add a definition of "guidelines"; modify definitions of some terms to include the requirement to review the cash medical support provisions; clarify what the CSEA is required to review and adjust and what the CSEA is not permitted to review and adjust; delete the paragraph that describes information regarding the right to an administrative review once every three years that must be contained in every administrative order as that information is contained in the JFS 07719.

·         Rule 5101:12-60-05.1, "Initiation of an administrative review," describes the criteria to initiate an administrative review. It replaces rule 5101:12-60-05.1. Changes from the rescinded rule include: revise the language for clarity; add that the CSEA may initiate an administrative review when the support order was issued before section 3119.30 of the Revised Code was amended; add two new circumstances to request an administrative review sooner than the required 36 months period.

·         Rule 5101:12-60-05.3, "The administrative review," describes the responsibilities of the CSEA when conducting the administrative review. It replaces rule 5101:12-60-05.3. Changes from the rescinded rule include: add that the obligor's military power of attorney may represent the obligor; specify that the CSEA shall schedule the administrative review hearing for a date that is at least forty-five days in the future; and rephrase other time-frame requirements so that they are easier to understand.

·         Rule 5101:12-60-05.4, "Calculation and recommendation of a revised order for child and medical support," describes the CSEA's responsibilities in calculating the support obligations included in a child support order and recommending the adjusted child support order. It replaces rule 5101:12-60-05.4. Changes from the rescinded rule include: revise the language for clarity; require the CSEA to use the JFS 07606, "Administrative Review Notification" and JFS 07724, "Administrative Adjustment Recommendation"; add the cash medical support obligation as part of the calculation and recommendation; and delete paragraph (F) as the language is found in another rule.

·         Rule 5101:12-60-05.5, "Notice of hearing rights," describes the hearing rights of both parties. It replaces rule 5101:12-60-05.5. Changes include: require the CSEA to use the JFS 07724, "Administrative Adjustment Recommendation."

·         Rule 5101:12-60-05.6, "CSEA administrative adjustment hearing process," describes the administrative adjustment hearing process. It replaces rule 5101:12-60-05.6. Changes from the rescinded rule include: revise the language for clarity; require the CSEA to use the JFS 01856, "Denial of Request to Reschedule Administrative review and Adjustment Hearing"; JFS 07606, "Adjustment Hearing Notice"; JFS 07633, "Rescheduling Administrative Adjustment Hearing Notice"; JFS 07724, "Administrative Adjustment Recommendation"; JFS 07728, "Notice of Request for Administrative Adjustment Hearing"; and JFS 07770, "Administrative Adjustment Hearing Notice"; and clarify that once the CSEA approves  a request by either party to postpone the administrative adjustment hearing date, the CSEA is required   to issue the JFS 07633 within 15 days of the original hearing date.

The following OAC rules are being proposed for amendment to comply with section 452(f) of the Social Security Act, as amended by section 7307 of the Deficit Reduction Act of 2005 and to comply with section

of the Revised Code as adopted by Amended Substitute House Bill 119 of the 127th General Assembly, regarding the medical support provisions contained in a child support order:

·         Rule 5101:12-57-01, "Enforcement of medical support provisions," describes the CSEA's requirements to enforce the medical support provisions of child support orders. The rule has been amended to include the expanded medical support provisions that are required for all court child support orders and administrative child support orders. Changes include removing a federal incorporation by reference.

·         Rule 5101:12-57-10.6, "Terminating the national medical support notice," describes the circumstances when the CSEA may terminate the National Medical Support Notice (NMSN). Changes from the existing rule include: added that the NMSN may be terminated when the CSEA has determined through a medical support mistake of fact hearing that the coverage is not accessible and/or reasonable in cost.

The following OAC rules are being proposed for amendment as a result of a review conducted in accordance with section 119.032 of the Revised Code, which requires the review of all state agency rules within a five-year period:

·         Rule 5101:12-45-10, "Calculation of the support obligations," describes the process the CSEA uses to calculate the child support obligation. Changes include: added reference to the cash medical support obligation; specified that, when the combined gross income of the parties is greater than $150,000, the cash medical support obligation will still be calculated in accordance with proposed rule 5101:12-47- 01.2; changed references from "health insurance" to "private health insurance"; changed the word "interested" to "interest" in paragraph (C)(2); made some grammatical changes to enhance clarity; and rearranged information in paragraph (F) so that the information was easier to comprehend.

·         Rule 5101:12-60-05.2, "Initiation of temporary adjustment for certain military members," describes the process for certain military members called to active duty to request an administrative review. Clarify that the administrative review and adjustment applies to child support only. There are no other substantive changes to this rule.

Copies of the proposed rules are available, without charge, to any person affected by the rules at the address listed below. The rules are also available on the internet at: http://www.registerofohio.state.oh.us/.

A public hearing on the proposed rules will be held at the date, time, and location listed at the top of this notice. Either written or oral testimony will be taken at the public hearing. Additionally, written comments submitted or postmarked no later than the date of the public hearing will be treated as testimony.

Requests for a copy of the proposed rules or comments on the rules should be submitted by mail to the Ohio Department of Job and Family Services, Office of Legal Services, 30 East Broad Street, 31st Floor, Columbus, Ohio 43215-3414, by fax at [phone], or by e- mail at rules @ jfs.ohio.gov.