5101:12-57-99 Chapter 5101:12-57 forms - enforcement of medical support provisions.

 

 

PUBLIC HEARING NOTICE

OHIO DEPARTMENT OF JOB AND FAMILY SERVICES

 

DATE: 09/30/2014 TIME: 10:00 AM

LOCATION: Room 1858, 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 amendment of the rules as identified below and of a public hearing thereon.

 

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

 

•         Rule 5101:12-47-01, "Medical support provisions" defines terms used throughout division 5101:12 of the Administrative Code. Changes from the existing rule include: revised paragraph (F) to remove the word caretaker from the definition of "Health insurance obligor" to be consistent with the federal definition.

•         Rule 5101:12-47-01.1, "Medical support provisions for health insurance and uncovered expenses" describes and action or proceeding in which a child support enforcement agency (CSEA) issues or modifies a child support order, each party to the child support order is required to provide a list of any available private group health insurance policies, contracts, or plans to the CSEA.  Changes from the existing rule include: revised paragraph (E) by removing the header to be consistent with the format of the rule.

•         Rule 5101:12-47-01.2, "Medical support provision for cash medical support" describes the CSEA's process on how to calculate the cash medical support amount in accordance with the Ohio child support guidelines as described in rule 5101:12-45-10 of the Administrative Code. Changes from the existing rule include: revised paragraph (A) by writing our agency since this is the first time referenced in this rule, also revised paragraph (E)(2) to update the format to address the addition of the forms rule.

•         Rule 5101:12-57-01.1, "Enforcement of order to report private health insurance" describes and action or proceeding in which a child support enforcement agency (CSEA) issues or modifies a child support order, each party to the child support order is required to provide a list of any available private group health insurance policies, contracts, or plans to the CSEA. Changes from the existing rule include: revised paragraph (E) by removing the header to be consistent with the format of the rule.

•         Rule 5101:12-57-01.2, "Enforcement of cash medical support obligation" describes the CSEA's process on how to calculate the cash medical support amount in accordance with the Ohio child support guidelines as described in rule 5101:12-45-10 of the Administrative Code. Changes from the existing rule include: revised paragraph (A) by writing our agency since this is the first time referenced in this rule, also revised paragraph (E)(2) to update the format to address the addition of the forms rule.

 

 

 

 

 

 

The following OAC rule is being proposed for recession as a result of a review conducted in accordance with section 119.032 of the ORC, which requires the review of all state agency rules within a five year period.

•         Rule 5101:12-57-08, "Medical support mistake of fact hearing process" describes the medical support mistake of fact hearing process which is only available to an individual whose child support order was issued or modified in accordance with section 3119.30 of the revised Code as adopted under Amended Substitute House Bill 119 of the 127th General Assembly.  This rule is being rescinded and replaced by a new rule with the same rule

number and title because more than fifty percent of this rule is being restructured to a new format for clarity.

The following OAC rule is being proposed for adoption to replace rescinded rule 5101:12-57-08.

•         Rule 5101:12-57-08, "Medical support mistake of fact hearing process" describes the medical support mistake of fact hearing process which is only available to an individual whose child support order was issued or modified in accordance with section 3119.30 of the revised Code as adopted under Amended Substitute House Bill 119 of the 127th General Assembly.  This rule is being proposed as new because more than fifty percent of the format

changes for clarity and flow. Additionally multiple paragraphs were revised to include the new language of the forms rule.

The following OAC rules are being proposed for adoption to consolidate the effective dates of forms within each Chapter to eliminate amending rules when forms are revised.

•         Rule 5101:12-47-99, "Chapter 5101:12-47-99 form - medical support provisions for cash medical" is a new rule that contains a compilation of forms within 5101:12 of the Administrative Code, but first cited within Chapter 5101:12-47 of the Administrative Code.

•         Rule 5101:12-57-99, "Chapter 5101:12-57 forms - enforcement of medical support provisions" is a new rule that contains a compilation of forms within 5101:12 of the Administrative Code, but first cited within Chapter 5101:12-57 of the Administrative Code."

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 copies 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 and Acquisition, 30 East Broad Street, 31st Floor, Columbus, Ohio 43215-3414, by fax at [phone], or by e- mail at  [e-mail].