CSPMTL 147 (Medical Enforcement)
Child Support Program Manual Transmittal Letter No. 147
February 1, 2019
TO: All Child Support Program Manual Holders
FROM: Michael J. McCreight, Interim Director
SUBJECT: Medical Enforcement

The Office of Child Support (OCS) has amended the following rules. These rules were reviewed in order to comply with S.B. 70 of the 132nd General Assembly:

Amended Rule Amended Rule Title Prior Effective Date of Rule Effective Date of Amendment
5101:12‑57‑01 Enforcement of Medical Support Provisions 1/15/2017 02/11/2019

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.

Changes to the rule include: amended paragraph (D) to replace "shall" with "may" and added language, "The court may punish the person for contempt under Chapter 2705. of the Revised Code for the failure".

This rule is authorized by ORC section 3119.51; and amplifies ORC sections 3119.30, 3119.43, and 3119.44.

5101:12‑57‑10.4 Administrative Mistake of Fact Hearing Regarding the National Medical Support Notice 1/15/2017 02/11/2019

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 child support enforcement agency (CSEA) decision by filing with the court.

Changes to the rule include: amended the objection time frames in paragraphs (C) and (I) from seven business days to fourteen days.

This rule is authorized by ORC section 3119.51; and amplifies ORC sections 3119.38, 3119.39, and 3119.41.

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/

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