(A)In any action
or proceeding in which a child support enforcement agency (CSEA) issues or
modifies a child support order, each party to the child support order is
required to provide a list of any available group health insurance policies,
contracts, or plans to the CSEA. Based on information provided by the parties,
the CSEA shall issue medical support provisions in accordance with this rule.
(B)In accordance
with division (B) of section 3119.30 of the Revised Code, the obligee is
presumed to be the appropriate parent to provide health insurance coverage for
the children subject to the child support order, unless rebutted by one of the
following:
(1)It is
appropriate to order the obligor to provide health insurance coverage when:
(a)The obligor
already has health insurance coverage for the children that is reasonable in
cost; or
(b)The obligor
already has health insurance coverage in place for the children that is not
reasonable in cost, but agrees to be named the health insurance obligor and
provide coverage under division (A)(2)(a) of section 3119.302 of the Revised
Code; or
(c)The obligor
can obtain health insurance coverage for the
children that is reasonable in cost through an employer or other source. For
employer-based coverage, the CSEA shall consider the length of time the obligor
has worked with the employer and the stability of the insurance; or
(2)The obligor is
the appropriate parent to provide health insurance coverage when the obligee is
a non-parent individual or agency that has no duty to provide medical support
and the obligor meets one of the conditions listed in paragraph (B)(1) of this
rule.
(C)It is
appropriate to order both parents to provide health insurance coverage for the
children when both parents wish to be named the health insurance obligor and
already have health insurance coverage in place or have health insurance
coverage available for the children.
(D)Unless the
obligee is a non-parent individual or agency that has no duty to provide
medical support, when private health insurance
coverage for the children is not available at reasonable cost to the obligor or
obligee at the time the CSEA issues or modifies an order, the order shall
specify that the obligee is required to provide obtain private health insurancecare coverage
for the children not later than thirty days after it becomes available at a
reasonable cost, and to inform the CSEA when private health
insurancecare
coverage for the children has been obtained.
(E)When the CSEA
issues or modifies a child support order, the CSEA shall include a requirement
that when private health insurance coverage becomes available at a reasonable cost, the
obligor shall inform the CSEA and may seek a modification of health insurancecare coverage
from the court with respect to a court support order, or from the agency with
respect to an administrative support order.
(F)Both parents may be ordered to provide
health care coverage and pay cash medical support if the obligee is a nonparent
individual or agency that has no duty to provide medical support.
(F)(G) In accordance with sections 3119.30 and
3119.32 of the Revised Code, in any action or proceeding in which the CSEA is
issuing or modifying a child support order, the CSEA shall order or recommend
the medical support provision for the shared responsibility of uncovered
healthcare expenses.
(G)(H) When a child support order is issued or
modified, the order shall include a cash medical amount in accordance with
rules 5101:12-1-17 and 5101:12-45-10 of the Administrative Code.
(H)(I) In accordance with section 3119.302 of the
Revised Code, notwithstanding division (C)(B) of section 3119.29 of the Revised Code, the CSEA
may do either of the following:
(1)Permit primary
care services to be farther than thirty miles if residents in part or all of
the immediate geographic area customarily travel farther distances; or
(2)Require
primary care services be accessible by public transportation if public
transportation is the obligee's only source of transportation.
(I)(J) When the CSEA makes either accessibility
determination in paragraph (H)(I) of this rule, the CSEA shall include this
determination in the child support order.
Effective: 1/15/2020
Five Year Review (FYR) Dates: 3/28/2024
Certification: CERTIFIED ELECTRONICALLY
Date: 12/30/2019
Promulgated Under: 119.03
Statutory Authority: 3119.51
Rule Amplifies: 3119.30, 3119.31, 3119.32
Prior Effective Dates: 01/01/1998, 10/02/2003, 01/01/2007,
03/01/2009, 09/01/2012, 07/01/2013, 01/01/2015, 03/28/2019