(A)This rule 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.
(B)An obligor or obligee
may submit a request for a medical support mistake of fact hearing to contest the
child support enforcement agency's (CSEA) determination regarding whether private
health insurance coverage that is accessible and reasonable in cost is available
to:
(1)The health insurance
obligor(s); or
(2)Either party to
the child support order, when a health insurance obligor has not been identified.
(C)The party must
file the request for the medical support mistake of fact hearing with the CSEA within
seven businessfourteen
days of the date that the CSEA issues either a:
(1)JFS 04031, "Notice
Regarding Cash Medical Support Order" (effective or revised effective date
as identified in rule 5101:12-57-99 of the Administrative Code);
(2)JFS 04032, "Notice
to Provide Cash Medical Support" (effective or revised effective date as identified
in rule 5101:12-57-99 of the Administrative Code); or
(3)JFS 04033, "Notice
To Provide Private Health Insurance" (effective or revised effective date as
identified in rule 5101:12-57-99 of the Administrative Code).
(D)Upon scheduling
the medical support mistake of fact hearing the CSEA shall:
(1)Ensure the medical
support mistake of fact hearing to be held on a date that is no later than ten days
after the date the request was received; and
(2)Issue a JFS 07053,
"Notice of Medical Support Mistake of Fact Hearing" (effective or revised
effective date as identified in rule 5101:12-57-99 of the Administrative Code),
to both parties no later than five days before the date that the medical support
mistake of fact hearing is scheduled to be conducted.
(E)The CSEA shall
issue a JFS 07058, "Medical Support Mistake of Fact Hearing Determination"
(effective or revised effective date as identified in rule 5101:12-57-99 of the
Administrative Code), to the requesting party when denying a medical support mistake
of fact hearing within fourteen days of the date that the request was filed with
the CSEA.
A CSEA may deny a request for a medical support mistake of fact hearing
when:
(1)The request is
not timely filed.
(2)The request is
for a reason other than to contest whether:
(a)Private health
insurance that is accessible and reasonable in cost is or is not being provided
in accordance with the order, when at least one of the parties has been identified
as the health insurance obligor; or
(b)Private health
insurance that is accessible and reasonable in cost is or is not available to either
party, when neither party has been identified as the health insurance obligor.
(3)The request is
not submitted by the obligor, the obligor's representative, or the obligee or the
obligee's representative.
(F)No later than the
scheduled date of the medical support mistake of fact hearing, the parties may provide
the CSEA with any evidence or relevant information necessary for the CSEA to properly
review whether private health insurance coverage that is accessible and reasonable
in cost is available to:
(1)The health insurance
obligor(s); or
(2)Either party, when
a health insurance obligor has not been identified.
(G)At the medical
support mistake of fact hearing, the CSEA shall:
(1)Review the information
that led to the issuance of the JFS 04031, JFS 04032, or JFS 04033;
(2)Consider any testimony
or evidence submitted by either party or received independently from another source
that is relevant to the issues to be addressed; and
(3)Determine whether
private health insurance coverage that is accessible and reasonable in cost is available
to:
(a)The health insurance
obligor(s); or
(b)Either party, when
a health insurance obligor has not been identified.
(H)No later than fourteen
days from the date of the medical support mistake of fact hearing, the CSEA shall:
(1)Issue a JFS 07058
to both parties.
(2)Record the results
of the medical support mistake of fact hearing in and make any necessary changes
to the support enforcement tracking system based on the results of the hearing.
(I)Each party has
the right to file for a court hearing to object to the determination made by the
CSEA within seven businessfourteen
days of the date that the CSEA issues the JFS 07058.
Effective: 2/14/2019
Five Year Review (FYR) Dates: 1/1/2020
Certification: CERTIFIED ELECTRONICALLY
Date: 02/04/2019
Promulgated Under: 119.03
Statutory Authority: 3119.51
Rule Amplifies: 3119.30
Prior Effective Dates: 03/01/2009, 01/01/2015