(A)This rule
describes the insurance claim intercept program that a child support
enforcement agency (CSEA) shall use to intercept insurance claims, settlements,
or awards to be paid to an obligor on a IV-D case by an insurer, in accordance
with sections 3123.23 and 3121.03 of the Revised Code.
(B)Claim,
settlement, or award notification.
(1)Upon notification through the office of child support or by the
insurance match vendornotice or discovery
of the existence of an insurance claim, settlement, or award for an obligor in
default in accordance with section 3123.06 of the Revised Code, the CSEA shall
issue to the insurer a JFS 04047, "Income Withholding for Support"
(effective or revised effective date as identified in rule 5101:12-10-995101:12-50-99
of the Administrative Code), in accordance with section 3121.03 of the Revised
Code.
(2)In the event
that an insurer notifies the CSEA of the existence of a lump sum payment as
described in the JFS 04047 the CSEA shall proceed in accordance with rule
5101:12-50-12 of the Administrative Code.
(C)The CSEA shall
document case actions to pursue collections, or determinations not to pursue
collections, in accordance with rule 5101:12-10-05 of the Administrative Code.
In addition to documentation in the case record, the CSEA shall also document
on the insurance match vendor's secure website the issuance of a JFS 04047 and
if applicable the issuance of a lump sum order.
(D)Insurer
immunity.
(1)Pursuant to
section 3123.23 of the Revised Code, any insurer and any director, agent, or
employee authorized to act on behalf of an insurer, that releases information
or makes a disclosure in accordance with this rule, shall be immune from
liability in a civil action for harm resulting from the disclosure.
(2)In accordance
with section 3121.21 of the Revised Code, a payor shall not be subject to
criminal or civil liability for compliance with a withholding or deduction
notice.
Effective: 8/1/2023
Five Year Review (FYR) Dates: 5/1/2023 and 08/01/2028
Certification: CERTIFIED ELECTRONICALLY
Date: 07/06/2023
Promulgated Under: 119.03
Statutory Authority: 3123.23, 3125.25
Rule Amplifies: 3121.03, 3121.21, 3125.25
Prior Effective Dates: 08/15/2013, 02/01/2016