Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-1 - Support enforcement › Section 5101:12-1-85 - Statewide genetic testing contract

Current through all regulations passed and filed through July 1, 2024
(A) The Ohio department of job and family services (ODJFS) may
				enter into a contract with a laboratory that performs legally and medically
				acceptable genetic testing (hereinafter referred to as "contractor") to perform
				genetic testing in IV-D cases.
ODJFS shall provide a list of laboratories that perform legally
				and medically acceptable genetic testing upon the request of a court, law
				enforcement official, child support enforcement agency (CSEA), or a member of
				the public.
(B) A CSEA may participate in the statewide genetic testing
				contract (hereinafter referred to as "contract") by contacting the contractor
				to initiate services. Participation in the contract does not preclude the CSEA
				from contracting with another laboratory to perform genetic testing.
(C) ODJFS shall pay the cost of genetic testing performed under
				the contract when the cost of genetic testing for the case is eligible for
				federal financial participation (FFP) and:
(1) There is not a final and enforceable determination of
				paternity, as described in paragraph (A)(6) of rule
				5101:12-40-05
				of the Administrative Code;
(2) A JFS 07038, "Acknowledgment of Paternity Affidavit"
				(effective or revised effective date as identified in rule
				5101:12-1-99
				of the Administrative Code), was signed by the mother and father and an
				action was filed to rescind the JFS 07038 within sixty days of the signing of
				the JFS 07038, in accordance with paragraph 
								(C) of rule
				5101:12-40-17
				of the Administrative Code; or
(3) There is a final and enforceable determination of paternity
				and:
(a) An action was brought, pursuant to section
				3111.28 of the Revised Code, by
				a man presumed to be the father of the child who did not sign the JFS 07038,
				either person who signed the JFS 07038, or a guardian or legal custodian of the
				child no later than one year after a JFS 07038 becomes final to rescind the JFS
				07038 and the CSEA receives a court order to conduct genetic testing;
(b) A court has ordered the CSEA to conduct genetic testing as
				a result of one of the parties filing a motion under rule 60(B)
				(7/1/1970) of the Rules of Civil Procedure;
				or
(c) A person has filed a motion for relief from a determination
				of paternity or a support order in accordance with section
				3119.961 of the Revised Code
				and:
(i) The CSEA has intervened in the action in order to defend
				the original paternity determination or the child support order; or
(ii) The CSEA receives a court order to conduct genetic
				testing.
(D) Invoice procedures.
(1) Each month, the contractor is required to submit an invoice
				to each CSEA for whom the contractor completed genetic testing or conducted
				partial testing. "Completed genetic testing" means the contractor issued
				genetic testing results on a case. "Partial testing" means the contractor could
				not complete genetic testing for a case because genetic testing samples for all
				the necessary parties were not received by the laboratory.
(2) Within five business days of receipt of the invoice, the
				CSEA shall review, sign, and mail or electronically transmit a facsimile of the
				invoice, along with any attachments, to the contractor.
(3) When there is a discrepancy on the invoice, the CSEA shall
				note the discrepancy and any necessary adjustment to the total amount billed on
				the invoice. A discrepancy exists when:
(a) The cost of completed genetic testing or partial testing
				was included on the invoice on a case that did not meet the requirements
				described in paragraph (C) of this rule; or
(b) Completed genetic testing was approved for payment in a
				previous invoice.
A CSEA that fails three times within the contract period to
				return the invoice to the contractor within five business days of receipt may
				be removed from participation in the contract for the remainder of the contract
				period. ODJFS shall notify the CSEA thirty days in advance of such
				removal.
(4) The contractor shall submit a final invoice and copies of
				approved or adjusted invoices and any attachments received from the CSEA to
				ODJFS.
(5) ODJFS shall pay the final invoice amount.
(E) The CSEA shall be responsible for paying for completed
				genetic testing or partial testing that was performed at the CSEA's request and
				did not meet the requirements described in paragraph (C) of this rule.
(F) When reimbursement is received for genetic testing costs
				that were paid or will be paid by ODJFS, the CSEA shall ensure that the
				collection is disbursed to ODJFS. A CSEA that fails to ensure the proper
				disbursement of such collection may be removed from participation in the
				statewide genetic testing contract for the remainder of the contract period.
				ODJFS shall notify the CSEA thirty days in advance of such removal.
When reimbursement is received for genetic testing costs for
				which the CSEA paid the local share on or after October 1, 2006, the CSEA may
				recover the local share. In order to recover the local share the CSEA shall
				track such collections and report the collections to ODJFS on a monthly basis
				in the format designated by ODJFS. ODJFS shall make the appropriate financial
				adjustments.
(G) When a CSEA has been prohibited from participating in the
				contract, the CSEA shall secure a local genetic testing contract.
Five Year Review (FYR) Dates:
				7/22/2019 and
				07/22/2024
Promulgated
				Under: 119.03
Statutory
				Authority: 3125.25
Rule
				Amplifies: 3111.45,
				3125.03
Prior
				Effective Dates: 08/01/1982, 08/01/1990, 07/15/1992, 06/01/1993, 07/01/1993
				(Emer.), 09/01/1993, 09/27/1993, 07/01/1995, 01/01/1997, 10/30/1997,
				01/01/1998, 07/01/2002, 04/18/2003, 12/15/2006,
				05/01/2014