5101:12-57-01.2 Enforcement of cash medical support obligation.

(A) This rule describes the requirements of the child support enforcement agency (CSEA) during any period in which an obligor is ordered to pay cash medical support because private health insurance coverage for the child as ordered is no longer available to the health insurance obligor.

(B) The provisions of this rule only apply to child support orders issued or modified in accordance with division (B)(1), (B)(2), or (B)(3) of section 3119.30 of the Revised Code as adopted under Amended Substitute House Bill 119 of the 127th General Assembly.

(C) When a CSEA determines that private health insurance coverage for the child is no longer being provided by the health insurance obligor(s) in accordance with the order, the CSEA shall:

(1) 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 of the child support order, notifying the parties that:

(a) The obligor shall pay the current cash medical support obligation and the current child support obligation ordered to be paid when health insurance is not available;

(b) When private health insurance is available to either party, the party to whom the coverage is available is required to immediately inform the CSEA of the coverage; and

(c) 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(s); and

(2) Issue any modified income withholding or deduction notices necessary.

Cite as Ohio Admin. Code 5101:12-57-01.2

Effective: 1/1/2015
Five Year Review (FYR) Dates: 08/26/2014 and 01/01/2020
Promulgated Under: 119.03
Statutory Authority: 3119.51
Rule Amplifies: 3119.30
Prior Effective Dates: 3/1/09