(A)The provisions
of this rule only apply to child support orders issued or modified prior to March 28, 2019, in accordance with section
3119.30 of the Revised Code as adopted under Amended Substitute House Bill 119
of the 127th General Assembly prior to March 28, 2019.
(B)A child
support order issued or modified pursuant to division (B)(4) of section 3119.30
of the Revised Code requires both parties to the child support order to report
available private health insurance coverage to the child support enforcement
agency (CSEA).
(1)When a CSEA
becomes aware that private health insurance coverage for the child may be
available to a party and a health insurance obligor has not been established
under the child support order, the CSEA shall conduct an investigation to
determine whether private health insurance coverage for the child that is
reasonable in cost is available.
The CSEA shall use line 7b of the child support computation
worksheet from the most recent child support order to determine reasonable
cost.
(2)When the CSEA
determines that private health insurance coverage for the child that is
reasonable in cost is not available, the CSEA shall issue the JFS 04032,
"Notice to Provide Cash Medical Support" (effective or revised
effective date as identified in rule 5101:12-57-99 of the Administrative Code),
to both parties, notifying the parties of the determination and that:
(a)The cash
medical support obligation and the child support obligation when health
insurance is not available shall continue; and
(b)Both parties
have a right to request a medical support mistake of fact hearing regarding
whether private health insurance coverage for the child that is accessible and
reasonable in cost is available to either party.
(3)When the CSEA
determines that private health insurance coverage for the child that is
reasonable in cost is available, the CSEA shall:
(a)Issue the JFS
04033, "Notice to Provide Private Health Insurance" (effective or
revised effective date as identified in rule 5101:12-57-99 of the
Administrative Code), to both parties, notifying the parties that:
(i)The party to
whom the coverage is available is now the health insurance obligor and is
ordered to provide the private health insurance coverage for the child;
(ii)The current
cash medical support obligation shall cease in accordance with rule
5101:12-47-01.2 of the Administrative Code and the current child support
obligation shall be the amount ordered to be paid when health insurance is
available; and
(iii)Both parties
have a right to request a medical support mistake of fact hearing regarding
whether private health insurance coverage for the child that is accessible and
reasonable in cost is available to the health insurance obligor.
(b)Issue a copy
of the JFS 04033 to the court when the child support order is a court order;
(c)Issue any
modified income withholding or deduction notices necessary when the cash
medical support stops; and
(d)Enforce the
medical support provision to provide the private health insurance in accordance
with rules 5101:12-57-10 to 5101:12-57-10.6 of the Administrative Code.
(C)A child
support order issued or modified pursuant to division (B)(1), (B)(2), or (B)(3)
of section 3119.30 of the Revised Code requires the health insurance obligor(s)
to provide private health insurance that is reasonable in cost and both parties
to report available coverage to the CSEA when the coverage is not being
provided by the health insurance obligor(s) in accordance with the order.
(1)When a CSEA
becomes aware that private health insurance coverage for the child is available
to one of the parties and cash medical support is to be paid because coverage
is not currently being provided by the health insurance obligor(s) in
accordance with the order, the CSEA shall conduct an investigation.
During the investigation, the CSEA shall determine whether
private health insurance coverage for the child is available to the party. The
CSEA is not required to determine whether the private health insurance coverage
is reasonable in cost.
(2)When the CSEA
determines that private health insurance coverage for the child is available to
the health insurance obligor, the CSEA shall:
(a)Issue the JFS
04031, "Notice Regarding Cash Medical Support Order" (effective or
revised effective date as identified in rule 5101:12-57-99 of the
Administrative Code), to both parties, notifying the parties that:
(i)The health
insurance obligor is ordered to provide the private health insurance coverage
for the child;
(ii)The current
cash medical support obligation shall cease in accordance with rule
5101:12-47-01.2 of the Administrative Code and the current child support obligation
shall be the amount ordered to be paid when health insurance is available; and
(iii)Both parties
have a right to a request a medical support mistake of fact hearing regarding
whether private health insurance coverage for the child that is accessible and
reasonable in cost is available to the health insurance obligor(s);
(b)Issue any
modified income withholding notices necessary when the cash medical support
order stops; and
(c)Enforce the
medical support provision to provide the private health insurance in accordance
with rules 5101:12-57-10 to 5101:12-57-10.6 of the Administrative Code.
(3)When the CSEA
determines that private health insurance coverage for the child is being
provided by the other party, the CSEA shall document the coverage in the case
record.
(4)When the CSEA
determines that private health insurance coverage for the child is not
available to either party, the CSEA shall document the findings in the case
record and is not required to take any further action.
Effective: 1/15/2020
Five Year Review (FYR) Dates: 10/18/2019 and 01/15/2025
Certification: CERTIFIED ELECTRONICALLY
Date: 12/30/2019
Promulgated Under: 119.03
Statutory Authority: 3119.51
Rule Amplifies: 3119.30
Prior Effective Dates: 03/01/2009, 01/01/2015, 03/28/2019