(A)This rule
describes the medical support mistake of fact hearing process which is only
available to an individual whose child support order was 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.
(B)An obligor or
obligee may submit a request for a medical support mistake of fact hearing to
contest the child support enforcement agency's (CSEA) determination regarding
whether private health insurance coverage that is accessible and reasonable in
cost is available to:
(1)The health
insurance obligor(s); or
(2)Either party
to the child support order, when a health insurance obligor has not been
identified.
(C)The party must
file the request for the medical support mistake of fact hearing with the CSEA
within fourteen days of the date that the CSEA issues either a:
(1)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);
(2)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);
or
(3)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).
(D)Upon
scheduling the medical support mistake of fact hearing the CSEA shall:
(1)Ensure the
medical support mistake of fact hearing to be held on a date that is no later
than ten days after the date the request was received; and
(2)Issue a JFS
07053, "Notice of Medical Support Mistake of Fact Hearing" (effective
or revised effective date as identified in rule 5101:12-57-99 of the
Administrative Code), to both parties no later than five days before the date
that the medical support mistake of fact hearing is scheduled to be conducted.
(E)The CSEA shall
issue a JFS 07058, "Medical Support Mistake of Fact Hearing
Determination" (effective or revised effective date as identified in rule
5101:12-57-99 of the Administrative Code), to the requesting party when denying
a medical support mistake of fact hearing within fourteen days of the date that
the request was filed with the CSEA.
A CSEA may deny a request for a medical support mistake of fact
hearing when:
(1)The request is
not timely filed.
(2)The request is
for a reason other than to contest whether:
(a)Private health
insurance that is accessible and reasonable in cost is or is not being provided
in accordance with the order, when at least one of the parties has been
identified as the health insurance obligor; or
(b)Private health
insurance that is accessible and reasonable in cost is or is not available to
either party, when neither party has been identified as the health insurance
obligor.
(3)The request is
not submitted by the obligor, the obligor's representative, or the obligee or
the obligee's representative.
(F)No later than
the scheduled date of the medical support mistake of fact hearing, the parties
may provide the CSEA with any evidence or relevant information necessary for
the CSEA to properly review whether private health insurance coverage that is
accessible and reasonable in cost is available to:
(1)The health
insurance obligor(s); or
(2)Either party, when
a health insurance obligor has not been identified.
(G)At the medical
support mistake of fact hearing, the CSEA shall:
(1)Review the
information that led to the issuance of the JFS 04031, JFS 04032, or JFS 04033;
(2)Consider any
testimony or evidence submitted by either party or received independently from
another source that is relevant to the issues to be addressed; and
(3)Determine
whether private health insurance coverage that is accessible and reasonable in
cost is available to:
(a)The health
insurance obligor(s); or
(b)Either party,
when a health insurance obligor has not been identified.
(H)No later than
fourteen days from the date of the medical support mistake of fact hearing, the
CSEA shall:
(1)Issue a JFS
07058 to both parties.
(2)Record the
results of the medical support mistake of fact hearing in and make any
necessary changes to the support enforcement tracking system based on the
results of the hearing.
(I)Each party
has the right to file for a court hearing to object to the determination made
by the CSEA within fourteen days of the date that the CSEA issues the JFS
07058.
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: 3125.25
Rule Amplifies: 3125.03, 3125.25
Prior Effective Dates: 03/01/2009, 01/01/2015, 02/14/2019