In response to new federal and state laws, the Office of Child Support (OCS) has amended or created Ohio Administrative Code (OAC) rules pertaining to the medical support provisions of child support orders.
OAC rules pertaining to the Administrative Review and Adjustment process are also impacted by the new medical support provisions. These rules have been updated in accordance with Section 119.032 of the Ohio Revised Code (ORC), which requires the review of all state agency rules within a five-year period.
OCS has rescinded the following rules:
| Rescinded Rule | Rescinded Rule Title | Prior Effective Date of Rule | Effective Date of Rescission |
|---|
| 5101:12‑47‑01 | Provision for medical support. | 01/01/2007 | 3/01/2009 |
| This rule describes the provision for medical support required in a child support order. This rule has been rescinded and replaced by new rules 5101:12‑47‑01 and 12-47-01.1 because more than fifty percent of this rule was stricken and replaced with new text. |
| 5101:12‑60‑05 | Administrative review and adjustment process. | 09/01/2005 | 3/01/2009 |
| This rule describes the administrative review and adjustment process. This rule has been rescinded and replaced by a new rule with the same rule number and title because more than fifty percent of this rule was stricken and replaced with new text. |
| 5101:12‑60‑05.1 | Initiation of an administrative review. | 09/01/2005 | 3/01/2009 |
| This rule describes the criteria to initiate an administrative review. This rule has been rescinded and replaced by a new rule with the same rule number and title because more than fifty percent of this rule was stricken and replaced with new text. |
| 5101:12‑60‑05.3 | The administrative review. | 09/01/2005 | 3/01/2009 |
| This rule identifies when the child support enforcement agency (CSEA) is required to conduct an administrative review and the CSEA's responsibilities during the administrative review. This rule has been rescinded and replaced by a new rule with the same rule number and title because more than fifty percent of this rule was stricken and replaced with new text. |
| 5101:12‑60‑05.4 | Calculation and recommendation of a revised support order. | 09/01/2005 | 3/01/2009 |
| This rule describes the CSEA's responsibilities in calculating child support and recommending an adjusted child support order. This rule has been rescinded and replaced by a new rule with the same rule number but different title because more than fifty percent of this rule was stricken and replaced with new text. |
| 5101:12‑60‑05.5 | Notice of hearing rights. | 09/01/2005 | 3/01/2009 |
| This rule describes the hearing rights of both parties. This rule has been rescinded and replaced by a new rule with the same rule number and title because more than fifty percent of this rule was stricken and replaced with new text. |
| 5101:12‑60‑05.6 | CSEA administrative adjustment hearing process. | 09/01/2005 | 3/01/2009 |
| This rule describes the administrative adjustment hearing process. This rule has been rescinded and replaced by a new rule with the same rule number and title because more than fifty percent of this rule was stricken and replaced with new text. |
OCS has adopted the following rules:
| Adopted Rule | Adopted Rule Title | Effective Date of Adopted Rule |
|---|
| 5101:12‑47‑01 | Medical support provisions. | 3/01/2009 |
This rule describes the specific medical support provisions required in all Ohio court child support orders and administrative child support orders. This rule replaces part of rescinded rule 5101:12‑47‑01.
Changes from the rescinded rule include: adding two definitions for "reasonable cost," for child support orders issued or modified before July 21, 2008 and for child support orders issued or modified on or after July 21, 2008; removing the definition of "health insurance coverage"; adding definitions for "accessible," "cash medical support," "federal poverty level for an individual," and "primary care services"; removing the reference in "reasonable cost" to employment-related health insurance; and further redefining "reasonable cost."
This rule is authorized under ORC section 3119.51 and amplifies ORC sections 3119.29, 3119.30, 3119.31, and 3119.32.
|
| 5101:12‑47‑01.1 | Medical support provisions for health insurance and uncovered expenses. | 3/01/2009 |
This rule 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. This rule replaces part of rescinded rule 5101:12‑47‑01.
Changes from the rescinded rule include: requiring parties inform the CSEA when private health insurance coverage becomes available, regardless of whether the order is a court child support order or an administrative child support order; adding language regarding the requirement to include a provision in the child support order for the shared responsibility for uncovered health care expenses; and authorizing the CSEA to issue a variation to the private health insurance standard for reasonable cost and/or accessibility under certain circumstances.
This rule is authorized under ORC section 3119.51 and amplifies ORC sections 3119.30, 3119.31, and 3119.32.
|
| 5101:12‑47‑01.2 | Medical support provision for cash medical support. | 3/01/2009 |
This rule 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.
This rule is authorized under ORC section 3119.51 and amplifies ORC section 3119.30.
|
| 5101:12‑57‑01.1 | Enforcement of order to report private health insurance. | 3/01/2009 |
This rule 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/or when a health insurance obligor's coverage lapsed but new coverage is now available.
This rule is authorized under ORC section 3119.51 and amplifies ORC section 3119.30.
|
| 5101:12‑57‑01.2 | Enforcement of cash medical support obligation. | 3/01/2009 |
This rule describes the responsibilities of the CSEA to enforce a cash medical support obligation when a health insurance obligor was named at the time that the order was issued or modified and the health insurance obligor is no longer providing health insurance coverage.
This rule is authorized under ORC section 3119.51 and amplifies ORC section 3119.30.
|
| 5101:12‑57‑08 | Medical support mistake of fact hearing process. | 3/01/2009 |
This rule describes the parties' rights to a 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 determination that the health insurance obligor is or is not able to provide private health insurance coverage for the child.
This rule is authorized under ORC section 3119.51 and amplifies ORC section 3119.30.
|
| 5101:12‑60‑05 | Administrative review and adjustment process. | 3/01/2009 |
This rule describes the administrative review and adjustment process. It replaces rescinded rule 5101:12‑60‑05.
Changes from the rescinded rule include: modifying the definition of "adjustment" to include the adjustment of a cash medical support obligation; modifying the definition of "date of the most recent support order" to clarify that it is the effective date of the last child support order; removing the definition of "assigned case" because it is defined in another rule; clarifying that the administrative review and adjustment process applies to IV-D and Non IV-D child support cases with current child support orders; adding a definition of "guidelines"; modifying definitions of some terms to incorporate the requirement to review cash medical support provisions contained in a child support order; clarifying what the CSEA is required to review and what the CSEA is not permitted to review; authorizing the CSEA to recommend an amended ordered payment on arrears amount to correlate with a recommended amended support obligation amount; and removing the language that describes information that must be contained in every administrative child support order because that information is contained in the JFS 07719 "Administrative Order for Child Support and Medical Support."
This rule is authorized under ORC section 3125.25 and amplifies ORC sections 3119.60, 3119.61, 3119.63, and 3125.03.
|
| 5101:12‑60‑05.1 | Initiation of an administrative review. | 3/01/2009 |
This rule describes the criteria to initiate an administrative review. It replaces rescinded rule 5101:12‑60‑05.1.
Changes from the rescinded rule include: revising the language for clarity; authorizing the CSEA to initiate an administrative review on a "pre-cash medical support" child support order when a party has available health insurance coverage in order to name a health insurance obligor; and adding two new circumstances when it is less than 36 months from the date of the most recent support order and a party may request an administrative review.
This rule is authorized under ORC section 3125.25 and amplifies ORC sections 3119.60, 3119.61, 3119.63, and 3125.03.
|
| 5101:12‑60‑05.3 | The administrative review. | 3/01/2009 |
This rule 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: adding that the obligor's military power of attorney may represent the obligor; specifying that the CSEA shall schedule the administrative review hearing for a date that is at least forty-five days in the future; and rephrasing other time-frame requirements so that they are easier to understand.
This rule is authorized under ORC section 3125.25 and amplifies ORC sections 3119.60, 3119.61, 3119.63, and 3125.03.
|
| 5101:12‑60‑05.4 | Calculation and recommendation of a revised order for child and medical support. | 3/01/2009 |
This rule describes the CSEA's responsibilities in calculating the support obligations included in a child support order and recommending an adjusted child support order. It replaces rescinded rule 5101:12‑60‑05.4.
Changes from the rescinded rule include: revising the language for clarity; requiring the CSEA to use the JFS 07606 "Administrative Review Notification" and JFS 07724 "Administrative Adjustment Recommendation"; adding the cash medical support obligation as part of the calculation and recommendation; and removing the language that describes information that must be contained in every administrative order because that information is contained in the JFS 07719.
This rule is authorized under ORC section 3125.25 and amplifies ORC sections 3119.60, 3119.61, 3119.63, and 3125.03.
|
| 5101:12‑60‑05.5 | Notice of hearing rights. | 3/01/2009 |
This rule describes the hearing rights of both parties. It replaces rule 5101:12‑60‑05.5.
Changes from the rescinded rule include requiring the CSEA to use the JFS 07724.
This rule is authorized under ORC section 3125.25 and amplifies ORC sections 3119.60, 3119.61, 3119.63, and 3125.03.
|
| 5101:12‑60‑05.6 | CSEA administrative adjustment hearing process. | 3/01/2009 |
This rule describes the administrative adjustment hearing process. It replaces rule 5101:12‑60‑05.6.
Changes from the rescinded rule include: revising the language for clarity; requiring the CSEA to use the JFS 01856 "Denial of Request to Reschedule Administrative Review and Adjustment Hearing," the JFS 07606, the JFS 07633 "Rescheduling Administrative Adjustment Hearing Notice," the JFS 07724, the JFS 07728 "Notice of Request for Administrative Adjustment Hearing," and the JFS 07770 "Administrative Adjustment Hearing Notice"; and clarifying that when 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.
This rule is authorized under ORC section 3125.25 and amplifies ORC sections 3119.60, 3119.61, 3119.63, and 3125.03.
|
OCS has amended the following rules:
| Amended Rule | Amended Rule Title | Prior Effective Date of Rule | Effective Date of Amended Rule |
|---|
| 5101:12‑45‑10 | Calculation of the support obligations. | 09/01/2005 | 3/01/2009 |
This rule describes the process the CSEA uses to calculate the support obligations contained in a child support order.
Changes include: adding references to the cash medical support obligation; specifying that when the combined gross income of the parties is greater than $150,000, the cash medical support obligation shall still be calculated in accordance with rule 5101:12‑47‑01.2; changing references from "health insurance" to "private health insurance"; changing the word "interested" to "interest" in paragraph (C)(2); making some grammatical changes to enhance clarity; and rearranging information in paragraph (E) so that the information is easier to comprehend.
|
| 5101:12‑57‑01 | Enforcement of medical support provisions. | 01/01/2007 | 3/01/2009 |
This rule describes the CSEA's requirements to enforce the medical support provisions of a child support order.
Changes include: clarifying that fully subsidized Medicaid does not satisfy the requirement of a health insurance obligor to provide private health insurance coverage for a child; removing the language regarding ORC section 3119.44 because it is not needed in the rule; and removing a federal incorporation by reference.
|
| 5101:12‑57‑10.6 | Terminating the national medical support notice. | 01/01/2007 | 3/01/2009 |
This rule describes the circumstances when the CSEA may terminate the National Medical Support Notice (NMSN).
Changes include adding that the NMSN shall 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.
|
| 5101:12‑60‑05.2 | Initiation of temporary adjustment for certain military members. | 09/01/2005 | 3/01/2009 |
This rule describes the process for certain military members called to active duty to request an administrative review.
Changes include clarifying that the administrative review and adjustment process applies to child support orders (and not to spousal support orders).
|
INSTRUCTIONS:
When the CSPMTL is published, the CSPM will be updated as follows:
- A rescinded rule will be moved from the CSPM to the OAC Archive section of the eManuals.
- An amended rule will be inserted and the previous version will be moved to the OAC Archive section of the eManuals.
- An adopted rule will be inserted.
The rules and forms in the CSPM can be accessed at:
http://emanuals.jfs.ohio.gov.
Forms can also be accessed on the ODJFS Forms Central InnerWeb page at:
http://www.odjfs.state.oh.us/forms/inner.asp
or on the ODJFS Forms Central Internet page at:
http://www.odjfs.state.oh.us/forms/inter.asp
INSTRUCTIONS for CSEA INTERNAL PROCEDURAL HANDBOOK:
Paragraph (I)(1) of OAC rule 5101:12-1-01 states that, whenever a program change requires modification of local procedures, the CSEA is required to revise its internal procedural handbook and submit the revision to OCS within thirty days of the revision. The CSEA should carefully review the adopted and amended rules contained in this CSPMTL to determine whether they require the CSEA to update its internal procedural handbook. The CSEA should give particular care when reviewing the following rules as they contain new or modified requirements with which the CSEA must comply:
| RULE | PARAGRAPH(s) |
|---|
| 5101:12‑45‑10 | (A), (E) |
| 5101:12‑47‑01 | Entire rule |
| 5101:12‑47‑01.1 | Entire rule |
| 5101:12‑47‑01.2 | Entire rule |
| 5101:12‑57‑01 | (C) |
| 5101:12‑57‑01.1 | Entire rule |
| 5101:12‑57‑01.2 | Entire rule |
| 5101:12‑57‑08 | Entire rule |
| 5101:12‑57‑10.6 | (C) |
| 5101:12‑60‑05 | (B)(1), (B)(3), (B)(8), (E), (G) |
| 5101:12‑60‑05.1 | (A), ( C), (E)(10), (E)(11), (E)(12) |
| 5101:12‑60‑05.2 | N/A |
| 5101:12‑60‑05.3 | (E)(2) |
| 5101:12‑60‑05.4 | Entire rule |
| 5101:12‑60‑05.5 | Entire rule |
| 5101:12‑60‑05.6 | (G) |