The Office of Child Support (OCS) has filed the rules listed below as "no change." The rules have been reviewed in accordance with section 119.032 of the Revised Code, which requires the review of all state agency rules within a five-year period. The effective dates of these rules will remain the same as the existing rules pursuant to paragraph (E) of section 119.032 of the Revised Code:
| Rule | Rule Title | Effective date |
|---|
| 5101:12‑50‑45 | Enforcing a court support order through the United States district courts | 1/1/2007 |
The rule describes the process for a child support enforcement agency (CSEA) to follow if it has not received satisfactory enforcement of an Ohio court support order from another state and elects to submit the case to OCS for referral to the U.S. district court for enforcement.
This rule is authorized by ORC section 3125.25; and amplifies ORC sections 3125.03 and 3125.11.
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| 5101:12‑57‑01 | Enforcement of medical support provisions | 3/1/2009 |
This rule outlines the responsibility of the CSEA to enforce a medical support provision that is contained in a child support order. The rule provides clarification that Medicaid does not satisfy the requirement of the health insurance obligor to provide medical support under a child support order.
This rule is authorized by ORC section 3119.51; and amplifies ORC sections 3119.30, 3119.43, and 3119.44.
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| 5101:12‑57‑10.1 | Responsibility of employer | 1/1/2007 |
This rule describes the responsibility of the employer of the health insurance obligor upon receiving the NMSN and the accompanying JFS 03377.
This rule is authorized by ORC section 3119.51; and amplifies ORC sections 3119.36, 3119.362, and 3119.364.
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| 5101:12‑57‑10.3 | Selecting a health plan option | 1/1/2007 |
This rule describes the responsibilities of the CSEA and the custodial parent in selecting a health plan option in which to enroll the child based on plan information received from the health plan administrator.
This rule is authorized by ORC section 3119.51; and amplifies ORC section 3125.03.
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| 5101:12‑57‑10.4 | Administrative mistake of fact hearing regarding the national medical support notice | 1/1/2007 |
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 decision by filing with the court.
This rule is authorized by ORC section 3119.51; and amplifies ORC sections 3119.38, 3119.39, and 3119.41.
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| 5101:12‑57‑10.5 | Court mistake of fact hearing regarding the national medical support notice | 1/1/2007 |
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.
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| 5101:12‑57‑10.6 | Terminating the national medical support notice | 3/1/2009 |
This rule describes the three circumstances under which a CSEA may terminate the NMSN.
This rule is authorized by ORC section 3119.51; and amplifies ORC sections 3125.03, and 3119.41.
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| 5101:12‑60‑45 | Continuation of support obligation beyond the child's eighteenth birthday | 1/1/2007 |
This rule describes when the duty of support continues beyond the age of eighteen. The rule clarifies that the parental duty of support ends upon the child's eighteenth birthday except under three circumstances, describes the three circumstances, and identifies which two of the three circumstances require the parental duty of child support to not extend beyond the child's nineteenth birthday.
This rule is authorized by ORC section 3125.25; and amplifies ORC section 3119.86.
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OCS has amended the following rules. The rules have been reviewed in accordance with section 119.032 of the Revised Code, which requires the review of all state agency rules within a five-year period.
| Amended Rule | Amended Rule Title | Prior Effective Date of Rule | Effective Date of Amendment |
|---|
| 5101:12‑1‑56 | Assigned medical support collections incentives | 1/1/2007 | 5/01/2012 |
This rule describes the distribution of assigned medical support collections. Changes from the existing rule include: replace the date of the JFS 06613 to "6/09" to reflect the correct version.
This rule is authorized by ORC section 3125.25; and amplifies ORC sections 3125.03 and 3125.25.
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| 5101:12‑57‑10 | National medical support notice | 1/1/2007 | 5/01/2012 |
This rule describes the content and purpose of the National Medical Support Notice (NMSN), requirements for issuing the NMSN, 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 from the existing rule include: replace the term "administration" with "administrator" in paragraph (B)(2).
This rule is authorized by ORC section 3119.51; and amplifies ORC sections 3119.33, 3119.34, and 3119.35.
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| 5101:12‑57‑10.2 | Responsibility of health plan administrator | 1/1/2007 | 5/01/2012 |
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 from the existing rule include: correct the rule reference in paragraph (D).
This rule is authorized by ORC section 3119.51; and amplifies ORC sections 3119.37, and 3119.422.
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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.
- A no change rule will continue with the same effective date.
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 to determine whether they require the CSEA to update its internal procedural handbook.