CSPMTL 161 (Rules and Forms impacted by H.B. 166)
Child Support Program Manual Transmittal Letter No. 161
January 9, 2020
TO: All Child Support Program Manual Holders
FROM: Kimberly Hall, Director
SUBJECT: Rules and Forms impacted by H.B. 166

These rules and forms have been reviewed to comply with H.B. 166 of the 133rd General Assembly and in accordance with 106.031 of the Revised Code, which requires the review of all state agency rules within a five-year period.

The Office of Child Support (OCS) has rescinded the following rule:

Rescinded Rule Rescinded Rule Title

Prior Effective

Date of Rule

Effective Date

of Rescission

5101:12‑57‑10.6 Terminating the National Medical Support Notice 01/15/2017 01/15/2020
This rule is rescinded and replaced by a new rule with the same rule number because more than 50% of this rule is being stricken.

OCS has adopted the following rule:

Adopted Rule Adopted Rule Title

Effective Date of

Adopted Rule

5101:12‑57‑10.6 Terminating the National Medical Support Notice 01/15/2020

This rule describes the circumstances under which a child support enforcement agency (CSEA) may terminate the national medical support notice (NMSN).

Changes from rescinded rule 5101:12‑57‑10.6 include: Moved paragraphs (A), (B), (C),  and (D) under new paragraph (A) and renumbered them to (1), (2), (3) and (4),  corrected the form name in paragraph (A), added new reason (A)(5) as a requirement for when a CSEA shall issue the JFS 04098, and added new paragraph (B) as a requirement on when the CSEA may issue a JFS 04098.

This rule is authorized by ORC section 3119.51; and amplifies ORC sections 3125.03, and 3119.41.

OCS has amended the following rules:

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.

OCS has revised the following forms:

Revised Form Revised Form Title

Prior Effective

Date of Form

Effective Date

of Revision

JFS 00592 Caretaker Notification of Administrative Adjustment Review 02/2019 10/2019

This form is issued by the CSEA to the caretaker, advising the caretaker of the administrative review and adjustment hearing date.

This form has been revised to:  in the first paragraph replace the language "private health insurance" with "health care coverage" and in the fourth paragraph replace "health care" with "medical support."

JFS 01849  Request for an Administrative Review of the Child Support Order 03/2019 10/2019

This form can be completed by any party on a child support order to request an administrative review of the child support order.

This form has been revised to: remove "or incarcerated" from reason five and add new reason six if a parent is incarcerated for more than 180 days as a reason to request a review, remove the word "private" from reasons ten, eleven, and twelve and replace "insurance" with "care."

JFS 01867  Right to Request an Administrative Review of the Support Order 02/2019 10/2019

This form is issued by a CSEA to notify an obligee that is a recipient of Ohio Works First who has established good cause, of their right to request an administrative review and adjustment and waive good cause for administrative review and adjustment purposes only.

This form has been revised to:  in the first paragraph replace language "health insurance" with "medical support."

JFS 03399 Notice of Administrative Mistake of Fact Hearing 01/2015 10/2019

This form is used to notify the parties when a mistake of fact hearing contesting the content of the National Medical Support Notice (NMSN) has been requested.

This form has been revised to:  amend language for clarification purposes and to specify that a party may present evidence at the NSMN mistake of fact hearing that the order allows for public health care.

JFS 04031 Notice Regarding Cash Medical Support Order 03/2019 10/2019

This form is used by the CSEA to notify the parties when private health insurance that is accessible and reasonable in cost becomes available to the Health Insurance Obligor. The Health Insurance Obligor shall be required to provide private health insurance coverage for the child(ren) named in the order and the cash medical support obligation for the child(ren) named in the order shall cease while private health insurance coverage is being provided. This form also includes a Request for a Medical Support Mistake of Fact Hearing.

This form has been revised to: remove the reference to ORC 3119.30 and replace with "In accordance with your order," under Notice to the Health Insurance Obligor Section; and item seven remove the word "insurance" and replace "insurance cards" with "proof of coverage," and remove the word "rule” on page three.

JFS 04032 Notice to Provide Cash Medical Support 03/2019 10/2019

This form is used by the CSEA to notify the parties during any period in which private health insurance that is reasonable in cost and accessible is not being provided for the child(ren) as ordered. The Child Support Obligor is required to pay cash medical support and both parties are required to immediately report to the CSEA any available private health insurance coverage for the child(ren). This form also includes a Request for a Medical Mistake of Fact Hearing.

This form has been revised to: on page 2; remove the reference to ORC 3119.30 and replace with "In accordance with your order" and remove the word "rule."

JFS 04033 Notice to Provide Private Health Insurance 03/2019 10/2019

This form is used by the CSEA to notify the parties when private health insurance that is accessible and reasonable in cost becomes available to one of the parties, that party shall be deemed the Health Insurance Obligor and be required to provide private health insurance coverage for the child(ren) named above and the cash medical support obligation for the child(ren) named above shall cease while private health insurance coverage is being provided as ordered. This form also includes a Request for a Medical Mistake of Fact Hearing.

This form has been revised to: on page 2 item 7 remove words "insurance" and "insurance cards" and replace "insurance cards" with "proof of coverage," on page 3 remove the reference to ORC 3119.30 and replace with "In accordance with your order," remove the spelling of "child support enforcement agency" and replace with CSEA as it is spelled out earlier in the document, and remove the word "rule."

JFS 04036 Notice of Medical Support Enforcement Activity 02/2019 10/2019

This form is used by the CSEA to inform the party that since they were determined by a court or CSEA to be the Health Insurance Obligor a National Medical Support Notice was sent to their employer to enroll the child(ren) listed on the order in any available health insurance plan and to withhold premiums for health insurance coverage in accordance with section 3119.33 of the Revised Code. Attached is also a Request for an Administrative Mistake of Fact Hearing.

This form has been revised to: on page 1, add "health care" to clarify "coverage" and remove "insurance and replace with "care coverage" on page 2 add "insurance" to "health plan" and on page 2 and 3 change "health insurance" to medical support and add an additional reason to object  to the NSMN if the order allows for public health care and correct the title of page 3 and other minor grammatical changes were made to the form.

JFS 04037 Medical Support Enforcement Administrative Mistake of Fact Hearing Decision 02/2019 10/2019

This form is used by the CSEA to inform the party of the decision made during the Medical Support Enforcement mistake of fact hearing.

This form has been amended to: on page 1, move language in the first check box to page 2 and revised the language to state that the order allows for health care coverage and add the words "health insurance to the second check box, on page 2 remove the word "health" from the first check box, add a criteria that the order does not authorize a provision of health care coverage and revise and add criteria that an order does authorize a provision of health care coverage and other grammatical changes were made to this form.

JFS 07049 Notice of Rights to Request Administrative Review of Child and Medical Support Order 02/2019 10/2019

This form is used to notify the parties of their rights to request an administrative review of their child support and medical support order.

This form has been amended to:  add language that pertains to a parent that is institutionalized and cannot pay support during the child's minority making that a standalone reason to request a review and revise the reason to request a review when a parent is incarcerated add the language "will be for more than 180 days," remove the word "insurance" and replace with "care" for reasons ten, eleven, and twelve, and remove "insurance" and replace with "care coverage" and add "and/or accessible" to reason twelve.

JFS 07606 Administrative Adjustment Review Notification 02/2019 10/2019

This form is issued by the CSEA to the obligor and obligee when the CSEA has scheduled the administrative review.

This form has been amended to:  revise language that the review and adjustment will address the "health care coverage" not "private health insurance" and in the fourth paragraph replace "health care" with "medical support."

JFS 07719 Administrative Order for Child Support and Medical Support 03/2019 10/2019

This form is used by a CSEA to order the amount of support to be paid and the provisions for medical support.

This form has been amended to: on page 3  remove the word "insurance" and replace with "care" in the title of the section, and add the word "coverage" after "insurance" on 1a and last unnumbered box, on page 4 add the word "coverage" to the first and third paragraph, add the requirement when neither the obligor nor the obligee have health insurance available at a reasonable cost to order the obligee to obtain health care coverage (public or private) when it becomes available at a reasonable cost and remove the words "insurance cards" and replace with "proof of coverage."

JFS 07724 Administrative Adjustment Recommendation 03/2019 10/2019

This form is used by a CSEA to provide the results of the administrative adjustment review.

This form has been amended to: on page 3 in the title of the section and throughout the page remove the word "insurance" and replacing with "care," remove the word "private," add the word "coverage" and remove the word "insurance," on page 4 remove the word "private," remove the word "insurance" and replace with "care," add the requirement to order the obligee to obtain health care coverage (public or private) when it becomes available at a reasonable cost and minor grammatical changes.

INSTRUCTIONS:

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

  • A rescinded rule will be moved from the CSPM to the OAC Archive section of the eManuals.
  • An amended rule will be inserted and the previous version will be moved to the OAC Archive section of the eManuals.
  • An adopted rule will be inserted.
  • A revised form will be replaced with the amended form.

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 (J)(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.