(A)The provisions
of this rule only apply to child support orders issued or modified 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: 3/28/2019
Five Year Review (FYR) Dates: 1/1/2020
Certification: CERTIFIED ELECTRONICALLY
Date: 02/07/2019
Promulgated Under: 119.03
Statutory Authority: 3119.51
Rule Amplifies: 3119.30
Prior Effective Dates: 03/01/2009, 01/01/2015