| Rescinded Rule | Rescinded Rule Title | Prior Effective Date of Rule | Effective Date of Rescission |
|---|
| 5101:1‑29‑12 | Non-OWF recipient application for child support services. | 7/1/2002 | 01/01/2007 |
| This rule is being proposed for rescission as part of the OCS rule reorganization, which includes reviewing each child support rule in Division 5101:1 and transitioning the rules to Division 5101:12. This rule is not being replaced as the information is already contained in OAC rules 5101:12‑10‑01.1 and 5101:12‑10‑40.1. |
| 5101:1‑29‑35.1 | Establishment of medical support. | 10/2/2003 | 01/01/2007 |
| This rule is being proposed for rescission as part of the OCS rule reorganization, which includes reviewing each child support rule in Division 5101:1 and transitioning the rules to Division 5101:12. The information contained within this rule will be contained primarily in proposed rule 5101:12‑47‑01. The National Medical Support Notice will be addressed in proposed rule 5101:12‑57‑10. Non-compliance will be contained in proposed rule 5101:12‑57‑01. The term "medical insurance obligee" will not be included in a replacement rule as it is not needed. Language regarding orders issued prior to 1998 will not be contained in a replacement rule because it is not needed. Information contained in paragraphs (F), (H), and (J) will not be included in a replacement rule because the CSEA is not required to enforce those provisions. |
| 5101:1‑29‑35.2 | Enforcement of medical support. | 10/2/2003 | 01/01/2007 |
| This rule is being proposed for rescission as part of the OCS rule reorganization, which includes reviewing each child support rule in Division 5101:1 and transitioning the rules to Division 5101:12. Definitions will be contained in proposed rule 5101:12‑47‑01. The National Medical Support Notice (NMSN) will be addressed in proposed rule 5101:12‑57‑10. The JFS 03377, "Employer/Health Plan Administrator Health Insurance Verification Request," will be addressed in proposed rule 5101:12‑57‑10.1. Employer responsibilities regarding the NMSN will be contained in proposed rule 5101:12‑57‑10.2. Health plan administrator responsibilities regarding the NMSN will be contained in proposed rule 5101:12‑57‑10.3. Administrative mistake of fact hearings regarding the NMSN will be contained in proposed rule 5101:12‑57‑10.4. Court mistake of fact hearings regarding the NMSN will be contained in proposed rule 5101:12‑57‑10.5. The requirement to continue withholding during the mistake of fact process will be contained in proposed rules 5101:12‑57‑10.4 and 5101:12-57.10.5. Terminating the NMSN will be contained in proposed rule 5101:12‑57‑10.6. Clarification that Medicaid does not meet the health care provision will be contained in proposed rule 5101:12‑57‑01. Medicaid eligibility requirements will be contained in the next revision of rule 5101:12‑10‑31.2. Instructions on completing the JFS 06613, "Accident Injury Insurance Information," will be contained in proposed rule 5101:12‑1‑56. Instructions on completing the JFS 06612, "Health Insurance Information" have been removed because the process is now automated. Information regarding modifying the NMSN is addressed in 5101:12‑60‑05.1. Instructions on deleting and suppressing issuance of the NMSN will not be in a replacement rule because the language is not needed. Information contained in paragraphs (E) and (J) will not be in a replacement rule because the CSEA is not required to enforce those provisions. |
| 5101:1‑29‑35.6 | Medical support payments. | 7/1/2002 | 01/01/2007 |
| This rule is being proposed for rescission as part of the OCS rule reorganization, which includes reviewing each child support rule in Division 5101:1 and transitioning the rules to Division 5101:12. The information from this rule will be contained in proposed rule 5101:12‑57‑20 of the Administrative Code. Court-ordered birth cost is already included in rule 5101:12‑80‑10. Instructions to use the JFS 07099, "Collection of Medical Support Payments," will be contained in proposed rule 5101:12‑1‑56. Commentary and cautionary language regarding assigned birth cost will not be in a replacement rule because the language is not appropriate to a rule. Definitions of "prenatal" and "postpartum" will not be contained in a replacement rule because they are not needed. |
| 5101:1‑29‑36 | Incentive. | 7/1/2002 | 01/01/2007 |
| This rule is being proposed for rescission as part of the OCS rule reorganization, which includes reviewing each child support rule in Division 5101:1 and transitioning the rules to Division 5101:12. The information from this rule will be contained in proposed rule 5101:12‑1‑56 of the Administrative Code. The references to SETS and the CSPC have been removed because the language is not needed. The address has been removed because it is listed on the JFS 07099. The instructions that the CSEA use retained funds as matching funds have been removed because the language is not needed. |
| 5101:1‑30‑75 | Certification to the U.S. district court. | 7/1/2002 | 01/01/2007 |
| This rule is being proposed for rescission as part of the OCS rule reorganization, which includes reviewing each child support rule in Division 5101:1 and transitioning the rules to Division 5101:12. This rule is being replaced by rule 5101:12‑50‑45. |
| 5101:1‑31‑22 | Non-PA application fee. | 7/1/2002 | 01/01/2007 |
| This rule is being proposed for rescission as part of the OCS rule reorganization, which includes reviewing each child support rule in Division 5101:1 and transitioning the rules to Division 5101:12. This rule is not being replaced as the information is already contained in OAC rules 5101:12‑10‑01.1. and 5101:12‑10‑40.1. |
| 5101:1‑32‑06 | Parental duty of support beyond the age of majority. | 03/09/2003 | 01/01/2007 |
| This rule is being proposed for rescission as part of the OCS rule reorganization, which includes reviewing each child support rule in Division 5101:1 and transitioning the rules to Division 5101:12. The information will be contained in rule 5101:12‑60‑45. |
| | | | | |
| Adopted Rule | Adopted Rule Title | Effective Date of Adopted Rule |
|---|
| 5101:12‑1‑56 | Assigned medical support collections incentives. | 01/01/2007 |
| This rule replaces rule 5101:1‑29‑36 and part of rule 5101:1‑29‑35.2. The rule describes the distribution of assigned medical support collections. Changes include specifying that the CSEA, when made aware of an accident or injury involving the medicaid applicant, recipient, or participant, is required to complete the JFS 06613, "Accident Injury Insurance Information." | |
| 5101:12‑47‑01 | Provision for medical support. | 01/01/2007 |
| This rule replaces part of rules 5101:1‑29‑35.1 and 5101:1‑29‑35.2. The rule provides definitions and outlines the requirements of ORC sections 3119.30 and 3119.32 that each child support order contains a provision for the health insurance needs of the child and includes specific language within the order. Changes include replacing the term "medical insurance obligor" with "health insurance obligor" and adding the definition of "medical support." |
| 5101:12‑50‑45 | Enforcing a court support order through the United States district courts. | 01/01/2007 |
| This rule replaces rule 5101:1‑30‑75. The rule describes the process for a CSEA to follow if a CSEA has not received satisfactory enforcement of an Ohio court support order and elects to submit the case to OCS for referral to use a U.S. district court. Language was added to emphasize that this process is intended to be an escalation of the CSEA's request for enforcement from the local and state levels to the federal level. There is one change in the process for the CSEA: the rule now requires the CSEA, rather than OCS, to send the thirty day notice to the other state to request assistance in enforcing the court support order. The rule was reformatted and revised for clarity. |
| 5101:12‑57‑01 | Enforcement of medical support provisions. | 01/01/2007 |
| This rule replaces part of rules 5101:1‑29‑35.1 and 5101:1‑29‑35.2. This rule outlines the responsibility of the CSEA to enforce a medical support provision that is contained in a child support order. The rule provides clarification that Medicaid does not satisfy the requirement of the health insurance obligor to provide medical support under a child support order. There are no substantive changes. | |
| 5101:12‑57‑10 | National medical support notice. | 01/01/2007 |
| This rule replaces part of rule 5101:1‑29‑35.1. This rule describes the content and purpose of the National Medical Support Notice (NMSN), requirements for issuing the NMSN, the JFS 03377, "Employer/Health Plan Administrator Health Insurance Verification Request," and the JFS 04036, "Notice of Medical Support Enforcement Activity." Changes include adding the alternative action required by the CSEA when the health insurance obligor is an active member of the military. |
| 5101:12‑57‑10.1 | Responsibility of employer. | 01/01/2007 |
| This rule replaces part of rule 5101:1‑29‑35.2. This rule describes the responsibility of the employer of the health insurance obligor upon receiving the NMSN and the accompanying JFS 03377. There are no substantive changes. |
| 5101:12‑57‑10.2 | Responsibility of health plan administrator. | 01/01/2007 |
| This rule replaces part of rule 5101:1‑29‑35.2. This rule describes the responsibility of the health plan administrator of the health insurance obligor upon receiving the NMSN and the accompanying JFS 03377. There are no substantive changes. |
| 5101:12‑57‑10.3 | Selecting a health plan option. | 01/01/2007 |
| This rule replaces part of rule 5101:1‑29‑35.2. This rule describes the responsibilities of the CSEA and the custodial parent in selecting a health plan option in which to enroll the child based on plan information received from the health plan administrator. There are no substantive changes. |
| 5101:12‑57‑10.4 | Administrative mistake of fact hearing regarding the national medical support notice. | 01/01/2007 |
| This rule replaces part of rule 5101:1‑29‑35.2. This rule describes the reasons a health insurance obligor may request an administrative mistake of fact hearing, the time frame and method of submitting the request, the hearing process, and the health insurance obligor's right to object to the decision by filing with the court. Changes include added clarification that the CSEA shall not address the decision for reimbursement when a hearing determines that the person named as the health insurance obligor was named in error and premiums have been deducted. |
| 5101:12‑57‑10.5 | Court mistake of fact hearing regarding the national medical support notice. | 01/01/2007 |
| This rule replaces part of rule 5101:1‑29‑35.2. This rule describes the court mistake of fact hearing process in accordance with ORC sections 3119.40 and 3119.41. There are no substantive changes. |
| 5101:12‑57‑10.6 | Terminating the national medical support notice. | 01/01/2007 |
| This rule replaces part of rule 5101:1‑29‑35.2. This rule describes the three circumstances under which a CSEA may terminate the NMSN. Changes include removing language regarding SETS functionality. |
| 5101:12‑57‑20 | Medical support payment. | 01/01/2007 |
| This rule replaces part of rule 5101:1‑29‑35.6. This rule provides definitions of birth cost and medical support payment, and directs the CSEA to collect and enforce medical support payment orders. There are no substantive changes. |
| 5101:12‑60‑45 | Continuation of support obligation beyond the child's eighteenth birthday. | 01/01/2007 |
| This rule replaces rule 5101:1‑32‑06. This rule describes when the duty of support continues beyond the age of eighteen. The rule clarifies that the parental duty of support ends upon the child's eighteenth birthday except under three circumstances, describes the three circumstances, and identifies which two of the three circumstances require the parental duty of child support to not extend beyond the child's nineteenth birthday. Language regarding locating information in the support enforcement tracking system has been removed. There are no substantive changes. |
The form will be updated in the Forms section of the CSPM on the ODJFS InnerWeb at http://emanuals.jfs.ohio.gov as follows:
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: