Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-57 - Medical Support Provisions › Section 5101:12-57-01.1 - Enforcement of order to report private health insurance

Current through all regulations passed and filed through July 1, 2024
(A) The provisions
			 of this rule only apply to child support orders issued or modified
			 prior to March 28, 2019, in accordance with
			 section 3119.30 of the Revised Code as
			 adopted under Amended Substitute House Bill 119 of the 127th General Assembly
			 .
(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.