(A)When the health
insurance obligor files a timely, written motion for a court hearing, the court
is required by section 3119.40 of the Revised Code to:
(1)Send to the
health insurance obligor and to any other individual the child support
enforcement agency (CSEA) determines appropriate written notice by regular mail
of the date, time, place, and purpose of the hearing not later than five days
before the date the court hearing is to be held;
(2)Hold the
hearing as soon as possible, but not later than ten days after the motion is
filed; and
(3)Limit the
hearing to determining whether there is a mistake of fact in the OMB 0970-0222,
"National Medical Support Notice" (as referenced in rule
5101:12-57-99 of the Administrative Code) (NMSN).
(B)In accordance
with section 3119.41 of the Revised Code, when a court mistake of fact process
is pending, the employer is required to continue the withholding of amounts for
health insurance pursuant to the NMSN.
(C)In accordance
with section 3119.40 of the Revised Code, the court is required to determine on
conclusion of the hearing whether there is a mistake of fact in the NMSN. The
court's determination is final.
(D)In accordance
with section 3119.41 of the Revised Code:
(1)When the court
determines that no mistake of fact exists in the NMSN, the NMSN shall remain in
effect.
(2)When the court
determines that a mistake of fact does exist in the NMSN, the court is required
to take whatever action is necessary regarding the NMSN, which may include
correcting or terminating the NMSN.
(E)When the court
mistake of fact hearing determines that the person named as the health
insurance obligor was named in error, premiums have been deducted, and the
court does not address the decision for reimbursement, the decision for reimbursement
is the responsibility of the employer and the insurance company health plan
administrator.
Five Year Review (FYR) Dates: 2/16/2022 and 02/16/2027
Certification: CERTIFIED ELECTRONICALLY
Date: 02/16/2022
Promulgated Under: 119.03
Statutory Authority: 3119.51
Rule Amplifies: 3119.40, 3119.41
Prior Effective Dates: 01/07/1985, 08/01/1986, 12/01/1987,
12/20/1988, 09/01/1989, 08/01/1990, 06/01/1991, 11/01/1991, 07/15/1992,
04/01/1993, 01/01/1998, 10/02/2003, 01/01/2007, 01/15/2017