CSPMTL 120 (Five Year Rule Review - Medical Support Rules)
Child Support Program Manual Transmittal Letter No. 120
December 21, 2016
TO: All Child Support Program Manual Holders
FROM: Cynthia C. Dungey, Director
SUBJECT: Five Year Rule Review - Medical Support Rules

The Office of Child Support (OCS) has revised the following rules. The rules have been reviewed in accordance with section 106.031 of the Revised Code, which requires the review of all state agency rules within a five-year period.

Amended RuleAmended Rule TitlePrior Effective Date of RuleEffective Date of Amendment
5101:12‑57‑01Enforcement of medical support provisions3/1/20091/15/2017
This rule outlines the responsibility of the child support enforcement agency (CSEA) to enforce a medical support provision that is contained in a child support order, and provides clarification that Medicaid does not satisfy the requirement of the health insurance obligor to provide medical support under a child support order. The rule is being revised to update the effective date language to the referenced form.
This rule is authorized by ORC section 3119.51; and amplifies ORC sections 3119.30, 3119.43, and 3119.44.
5101:12‑57‑10National medical support notice5/1/20121/15/2017
This rule describes the content and purpose of the National Medical Support Notice (NMSN), the requirements for issuing the NMSN, the purpose of the JFS 03377, "Employer/Health Plan Administrator Health Insurance Verification Request" and the JFS 04036, "Notice of Medical Support Enforcement Activity," and the alternative action required by the CSEA when the health insurance obligor is an active member of the military. The rule is being amended to update the effective date language to the referenced forms.
This rule is authorized by ORC section 3119.51; and amplifies ORC sections 3119.33, 3119.34, and 3119.35.
5101:12‑57‑10.1Responsibility of employer1/1/20071/15/2017
This rule describes the responsibility of the employer of the health insurance obligor upon receiving the NMSN and the accompanying JFS   03377. The rule is being amended to update the effective date language to the referenced forms.
This rule is authorized by ORC section 3119.51; and amplifies ORC sections 3119.36, 3119.362, and 3119.364.
5101:12‑57‑10.2Responsibility of health plan administrator5/1/20121/15/2017
This rule describes the responsibility of the health plan administrator of the health insurance obligor upon receiving the NMSN and the accompanying JFS 03377. The rule is being amended to update the effective date language to the referenced forms.
This rule is authorized by ORC section 3119.51; and amplifies ORC sections 3119.37, and 3119.422.
5101:12‑57‑10.3Selecting a health plan option1/1/20071/15/2017
This rule describes the responsibilities of the CSEA and the custodial parent in selecting a health plan option in which to enroll the child(ren) based on plan information received from the health plan administrator. The rule is being amended to update the effective date language to the referenced forms.
This rule is authorized by ORC section 3119.51; and amplifies ORC section 3125.03.
5101:12‑57‑10.4Administrative mistake of fact hearing regarding the national medical support notice1/1/20071/15/2017
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 CSEA decision by filing with the court. The rule is being amended to update the effective date language to the referenced forms.
This rule is authorized by ORC section 3119.51; and amplifies ORC sections 3119.38, 3119.39, and 3119.41.
5101:12‑57‑10.5Court mistake of fact hearing regarding the national medical support notice1/1/20071/15/2017
This rule describes the court mistake of fact hearing process in accordance with ORC sections 3119.40 and 3119.41. The rule is being amended to update the effective date language to the referenced form.
This rule is authorized by ORC section 3119.51; and amplifies ORC sections 3119.40 and 3119.41.
5101:12‑57‑10.6Terminating the national medical support notice3/1/20091/15/2017
This rule describes the circumstances under which a CSEA may terminate the NMSN. The rule is being amended to update the effective date language to the referenced forms.
This rule is authorized by ORC section 3119.51; and amplifies ORC sections 3125.03, and 3119.41.
5101:12‑57‑99Chapter 5101:12-57 forms - enforcement of medical support provisions1/1/20151/15/2017
This rule contains a compilation of forms within division 5101:12 of the Administrative Code, but first cited within Chapter 5101:12-57 of the Administrative Code. Changes from the existing rule include: corrected the effective date of forms, and added OMB 0970-0222 to the list.
This rule is authorized by ORC section 3125.25, and amplifies ORC section 3125.03.

INSTRUCTIONS:

When the CSPMTL is published, the CSPM will be updated as follows:

  • An amended rule will be inserted and the previous version will be moved to the OAC Archive section of the eManuals.

The rules and forms in the CSPM can be accessed at:

http://emanuals.jfs.ohio.gov.

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 amended rules contained in this CSPMTL t62determine whether they require the CSEA to update its internal procedural handbook.