Amended Rule
|
Amended Rule Title
| Prior Effective Date of Rule | Effective Date of Amendment |
5101:12‑45‑10
|
Calculation of the Support Obligations
|
03/28/2019
|
01/15/2020
|
This rule describes the procedures for a CSEA to use
when calculating or adjusting the child support and cash medical support
obligations contained within a child support order. This rule has been amended to remove language in
paragraph (D)(5) that a parent shall not have imputed income or be determined
to be voluntarily unemployed or underemployed when incarcerated for an
offense that is related to abuse or neglect to the child or obligee of the
support order, add new paragraph (E) to remove "incarceration" from
"institutionalized", add the definition for
"Incarcerated" to paragraph (E), and add the amended language in
ORC 3119.05, updated the ORC references in paragraphs (F) and (G), and
revised language in paragraph (K) to "health care coverage." This rule is authorized by ORC section 3125.25 and
amplifies ORC sections 3119.02 and 3125.03. |
5101:12‑45‑99
|
Chapter 5101:12-45 Forms – Support Establishment
|
02/17/2019
|
01/15/2020
|
This rule contains a compilation of forms with their
effective or revised effective date, referenced within various rules
contained within division 5101:12 of the Administrative Code, but first cited
within Chapter 5101:12-45 of the Administrative Code. This rule has been amended to revise the dates for the
JFS 07719 and the JFS 07724 and remove the language in paragraphs (A), (C),
and (D) that contained multiple revision dates based on a specific time
period and move the revision date to the end of the form name. This rule is authorized under ORC section 3125.25 and
amplifies ORC sections 3125.03 and 3125.25. |
5101:12‑47‑01
|
Medical Support Definition
|
03/28/2019
|
01/15/2020
|
This rule defines terms used throughout division
5101:12 of the Administrative Code. This rule has been amended to add definitions of
"health care coverage" and "health insurance coverage" to
comply with H.B. 166, remove the word "private" from "health
insurance coverage" in new paragraph (H), revise language in new
paragraph (I)(1) by replacing
"private health insurance coverage" with "health care
coverage" that will match the language in rule
5101:12‑60‑05(B)(1)(d)(i), and clarify the definition in paragraph (K). This rule is authorized under ORC section 3119.51; and
amplifies ORC section(s) 3119.29, 3119.30, 3119.31, 3119.32. |
5101:12‑47‑02
|
Medical Support Provisions
|
03/28/2019
|
01/15/2020
|
This rule describes an action or proceeding in which a
CSEA issues or modifies a child support order. This rule has been amended to: add the words "health
insurance" in front of the word "coverage" in paragraph
(B)(1)(c), remove the word "private" in paragraphs (D) and (E) and
revise the language to be consistent with H.B. 166 to be consistent with the
new definitions of "health insurance" and "health care
coverage," add new paragraph (F) from OCS 3119.30(F), and update
paragraph references in new paragraphs (I) and (J). This rule is authorized under ORC section 3119.51; and
amplifies ORC section(s) 3119.30, 3119.31, 3119.32. |
5101:12‑50‑50
|
Judicial Enforcement Actions
|
02/11/2019
|
01/15/2020
|
This rule describes judicial enforcement actions that a
child support enforcement agency (CSEA) with administrative responsibility is
required to or may take in addition to other enforcement actions. This rule has been amended to: add criteria in new
paragraph (D), that a child support enforcement agency (CSEA) must meet prior
to the CSEA submitting a case for contempt and a requirement that the CSEA
notify the obligor that the purpose of the hearing is to determine their
ability to pay the child support. This rule is authorized by ORC section 3125.25; and
amplifies ORC sections 1336.01 to 1336.11, 2117.06, 2705.031, 2919.21,
3123.14, 3123.15, 3123.182 and 3123.19. |
5101:12‑57‑01.1
|
Enforcement of Order to Report Private Health Insurance
|
03/28/2019
|
01/15/2020
|
This rule describes the requirements of a CSEA
regarding the enforcement of an order to report the availability of private
health insurance. This rule applies only to child support orders 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. This rule has been amended to: move the language
"prior to March 28, 2019" to the beginning of paragraph (A) for
consistency purposes. 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
|
03/28/2019
|
01/15/2020
|
This rule describes the requirements of a CSEA during any
period in which an obligor is ordered to pay cash medical support because
private health insurance coverage for the child as ordered is no longer
available to the health insurance obligor. This rule has been amended to: move the language
"prior to March 28, 2019" to the beginning of paragraph (A) for
consistency purposes. 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
|
02/14/2019
|
01/15/2020
|
This rule describes procedures for the medical support
mistake of fact hearing process that 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. This rule has been amended to: add the date reference
language "prior to March 28, 2019" to paragraph (A), to reflect the
prior Revised Code law in effect, ORC 3119.30 and for consistency purposes. This rule is authorized under ORC section 3125.25; and
amplifies ORC sections 3125.03 and 3125.25. |
5101:12‑57‑10
|
National Medical Support Notice
|
01/15/2017
|
01/15/2020
|
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. This rule has been amended to: remove the
"rev." in the parenthesis from paragraph (D)(2) and restructure of
paragraph (E) and add an additional reason not to issue the NMSN in paragraph
(E)(2). This rule is authorized by ORC section 3119.51; and
amplifies ORC sections 3119.33, 3119.34, and 3119.35. |
5101:12‑57‑10.4
|
Administrative Mistake of Fact Hearing Regarding the
National Medical Support Notice
|
02/11/2019
|
01/15/2020
|
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. This rule has been amended to: add language to
paragraph (B)(4) to clarify that a health insurance obligor may request an
administrative mistake of fact hearing to assert that the coverage identified
in the NMSN is not consistent with the medical support provision in the child
support order and add paragraph (B)(5) as an additional reason for a parent
to object to the NMSN and request a mistake of fact hearing, when health care
coverage is a provision of the order and public health care is in place. This rule is authorized by ORC section 3119.51; and
amplifies ORC sections 3119.38, 3119.39, and 3119.41. |
5101:12‑57‑99
|
Chapter 5101:12-57 Forms – Enforcement of Medical
|
02/14/2019
|
01/15/2020
|
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. This rule has been amended to: revise the revision
dates for the JFS 03399, JFS 04031, JFS 04032, JFS 04033, JFS 04036 and the
JFS 04037, correct the form name of the JFS 04098, and remove the language in
paragraphs (C), (D), (E), and (K) that contained multiple revision dates
based on a specific time period and move the revision date to the end of the
form name. This rule is authorized by ORC section 3125.25, and amplifies
ORC section 3125.03. |
5101:12‑60‑05
|
Administrative Review and Adjustment Process
|
02/14/2019
|
01/15/2020
|
This rule describes the administrative review and
adjustment process. This rule has been amended to: remove language
"private health insurance coverage" and replace it with
"health care coverage" in paragraph (B)(1)(d)(i) and add language
"individual or entity" and "or physical" to paragraph
(B)(8). This rule is authorized by ORC section 3125.25; and
amplifies ORC sections 3119.60, 3119.61, 3119.63, and 3125.03. |
5101:12‑60‑05.1
|
Initiating of an Administrative Review
|
02/14/2019
|
01/15/2020
|
This rule describes the criteria to initiate an
administrative adjustment review. This rule has been amended to: remove the word
"private" from paragraph (B), replace the word
"insurance" with "care" in paragraph (B), remove "or
incarceration" from paragraph (E)(5), add new requirement about when a
party is incarcerated for more than one hundred eighty calendar days in
paragraph (E)(6), add the definition of "Incarcerated" to paragraph
(E)(6), revise the language to
"health insurance" in paragraphs (E)(10), (11) and (12), when a
request for the review is less than 3 years old and "health insurance"
is a factor and removing the reference to ORC 3119.30 in paragraph (E)(12). This rule is authorized by ORC section 3125.25; and
amplifies ORC sections 3119.60, 3119.61, 3119.63, and 3125.03. |
5101:12‑60‑99
|
Chapter 5101:12-60 Forms – Order Administration
|
02/14/2019
|
01/15/2020
|
This rule contains a compilation of forms within
division 5101:12 of the Administrative Code, but first cited within Chapter
5101:12-60 of the Administrative Code. This rule has been amended to: revise the revision
dates for the JFS 00592, JFS 01849, JFS 01867, JFS 07049, JFS 07606 and
remove the language in paragraphs (B) and (J) that contained multiple
revision dates based on a specific time period and moving the revision date
to the end of the form name. This rule is authorized by ORC section 3125.25, and
amplifies ORC sections 3125.03 and 3125.25. |