Lawriter - OAC - 5101:12-57-10.1 Responsibility of employer.

5101:12-57-10.1 Responsibility of employer.

(A) In accordance with section 3119.36 of the Revised Code, upon receipt of the OMB 0970-0222, "National Medical Support Notice" ( as referenced in rule 5101:12-57-99 of the Administrative Code), (NMSN) and the JFS 03377, "Employer/Health Plan Administrator Health Insurance Verification Request" ( effective or revised effective date as indentified in rule 5101:12-57-99 of the Administrative Code), the employer is required, not later than twenty business days after the date of the NMSN, to do one of the following:

(1) When the person named in the NMSN is a current employee and the person and the child listed on the NMSN are already enrolled in health insurance coverage through the employer, complete and return the JFS 03377 to the CSEA.

(2) When the person named in the NMSN is a current employee and health insurance coverage of the child is available through the employer, send part B of the NMSN and the JFS 03377 to the health plan administrator.

(3) Complete and return part A of the NMSN to the CSEA when:

(a) The person named in the NMSN is not a current employee;

(b) The employee is among a class of employees that are not eligible for family health coverage under any group health plan maintained by the employer or to which the employer contributes;

(c) The employer does not maintain or contribute to plans providing dependent or family health care coverage; or

(d) The employer determines that coverage of the child would cause the total amount of income withholding, which includes child support and health insurance contributions, to exceed the withholding limitation permitted under the Consumer Credit Protection Act, Pub. L. No. 90-321, 82 Stat. 146 (1968), 15 U.S.C. 1673(b).

(B) In accordance with sections 3119.362 and 3119.364 of the Revised Code, an employer who receives an NMSN is required to:

(1) Upon written request from the other parent, any person subject to the order, or the CSEA, release to the requestor all information about the employee's health insurance coverage, which may include the name and address of the health plan administrator and any policy, contract or plan number; and

(2) Notify the CSEA of any change in or the termination of the health insurance coverage that is maintained pursuant to the NMSN.

Effective: 1/15/2017
Five Year Review (FYR) Dates: 10/07/2016 and 01/15/2022
Promulgated Under: 119.03
Statutory Authority: 3119.51
Rule Amplifies: 3119.36, 3119.362, 3119.364
Prior Effective Dates: 1/7/85, 8/1/86, 12/1/87, 12/20/88, 9/1/89, 8/1/90, 6/1/91, 11/1/91, 7/15/92, 4/1/93, 1/1/98, 10/2/03, 1/1/07