CSPMTL 180 (OCS Rule Review – National Medical Support Notice)
Child Support Program Manual Transmittal Letter No. 180
May 20, 2022
TO: All Child Support Program Manual Holders
FROM: Matt Damschroder, Director
SUBJECT: OCS Rule Review – National Medical Support Notice
PRINTER-FRIENDLY PDF:Printer-Friendly PDF of this Letter

These rules have been reviewed in accordance with sections 106.03 and 119.04 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 filed as no change to the following rules. The effective date of these rules will remain the same as the existing rules:

Rule Number Rule Title Effective Date of Rule
5101:12‑57‑10.5 Court Mistake of Fact Hearing Regarding the National Medical Support Notice 1/15/2017  

This rule describes the court mistake of fact hearing process in accordance with ORC sections 3119.40 and 3119.41.

This rule is authorized by ORC section 3119.51; and amplifies ORC sections 3119.40 and 3119.41.

5101:12‑57‑10.6 Terminating the National Medical Support Notice 1/15/2020

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

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
5101:12‑57‑10 National Medical Support Notice 1/15/2020 6/01/2022

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. 

Changes to this rule include removed restrictive language in paragraph (E) and added paragraph (E)(3) to clarify an additional reason a CSEA is not to issue the NMSN.

This rule is authorized by ORC section 3119.51; and amplifies ORC sections 3119.33, 3119.34, and 3119.35.

5101:12‑57‑10.1 Responsibility of Employer 1/15/2017 6/01/2022

This rule describes the responsibility of the employer of the health insurance obligor upon receiving the NMSN and the accompanying JFS 03377.

Changes to this rule include correct misspelling in paragraph (A); and removed some language in paragraph (A)(3) for clarification purposes as the employer is always required to complete and return the NMSN to the CSEA.

This rule is authorized by ORC section 3119.51; and amplifies ORC sections 3119.36, 3119.362, and 3119.364.

5101:12‑57‑10.2 Responsibility of Health Plan Administrator 1/15/2017 6/01/2022

This rule describes the responsibility of the health plan administrator of the health insurance obligor upon receiving the NMSN and the accompanying JFS 03377.

Changes to this rule include correct misspelling in paragraph (A).

This rule is authorized by ORC section 3119.51; and amplifies ORC sections 3119.37, and 3119.422.

5101:12‑57‑10.3 Selecting a Health Plan Option 1/15/2017 6/01/2022

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.

Changes to this rule include correct misspelling in paragraphs (A)(1) and (C).

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

5101:12‑57‑01 Enforcement of Medical Support Provisions 2/11/2019 6/01/2022

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.

Change to this rule include added new language regarding fully subsidized Medicaid to paragraph (C).

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 1/15/2020 6/01/2022

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 this rule include added language, "in accordance with rule 5101:12‑57‑10.6 of the Administrative Code" to paragraph (H)(2); Clarified information in paragraph (I) regarding reimbursement.

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 Support Provisions` 01/15/2020 6/01/2022

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 to this rule include amended the revision date of the JFS 04035.

This rule is authorized by ORC section 3125.25, and amplifies ORC section 3125.03.

5101:12‑80‑99 Chapter 5101:12-80 Forms - Collection and Disbursement 12/15/2021 6/01/2022

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 5101:12-80 of the Administrative Code.

Changes to the rule include amended the revision date of the JFS 07741.

This rule is authorized by ORC section 3125.25 and amplifies sections 3125.03 and 3125.25 of the Revised Code.

 

OCS has amended the following forms:

 
Form Number Form Title Prior Effective Date of Form Revised Effective Date
JFS 04035 Notice of Available Health Plan Options 1/2015 4/2022

This notice is used by the CSEA to inform the party about available health plan options. Once a selection is made, the party has the responsibility to return the Health Insurance Obligee's Selection of Health Plan Options to the CSEA.

Changes to the form include updated header formatting for consistency purposes.

JFS 07741 Child Support Payment Central (CSPC) Check Void Request 2/2020 4/2022

The CSEA will submit this form to CSPC in order to request a check that was disbursed to a payee voided.

Changes to the form include provided email address for counties; added checkboxes to justify void request.

 

INSTRUCTIONS:

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

  • A no change rule will continue with the same effective date,
  • An amended rule will be inserted, and the previous version will be moved to the OAC Archive section of the eManuals,
  • An amended form will replace the current posted 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 (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.