Ohio Admin. Code 5101:12-47-01.2 - [Rescinded] Medical support provision for cash medical support

(A) The CSEA child support enforcement agency (CSEA) shall calculate the cash medical support amount in accordance with this rule and with the Ohio child support guidelines as described in rule 5101:12-45-10 of the Administrative Code.

(B) In any action or proceeding in which the child support enforcement agency (CSEA) CSEA issues or modifies a child support order in accordance with section 3119.30 of the Revised Code as adopted under Amended Substitute House Bill 119 of the 127th General Assembly, the CSEA shall include the medical support provision for the obligor to pay cash medical support during any period in which private health insurance coverage for the child is not available to either party or is not being provided by the health insurance obligor(s) in accordance with the order.

(C) The cash medical support obligation shall:

(1) Commence on the first day of the month following the month in which private health insurance coverage for the child that is provided in accordance with the order is unavailable or terminates.

(2) Cease on the last day of the month immediately preceding the month in which private health insurance coverage for the child that is provided in accordance with the order begins or resumes.

(D) When an obligor has an annual gross income that is less than one hundred fifty per cent of the federal poverty level for an individual, the CSEA shall establish the amount of the cash medical support obligation as zero dollars.

(E) When an obligor has an annual gross income that is one hundred fifty per cent or more of the federal poverty level for an individual, the CSEA shall establish the amount of the cash medical support obligation as the lesser of:

(1) Five per cent of the adjusted gross income of the obligor, or

(2) The amount identified on the JFS 05050, "Schedule of Cash Medical Support Obligations." (7/2013) (effective or revised effective date as identified in rule 5101:12-47-99 of the Administrative Code).

(F) Cash medical support shall be paid by the obligor through the child support payment central:

(1) To the obligee when the child is not a medicaid recipient.

(2) To the Ohio department of job and family services to defray the cost of medicaid expenditures when the child is a medicaid recipient pursuant to section 3119.30 of the Revised Code and 42 U.S.C. 1396 k(a)(1)(A)(11/5/1990) (12/26/13).

(G) During the period when cash medical support is required to be paid:

(1) The obligor must immediately inform the CSEA when private health insurance coverage for the child becomes available to the obligor, and

(2) The obligee must immediately inform the CSEA when private health insurance coverage for the child becomes available to the obligee.

Notes

Ohio Admin. Code 5101:12-47-01.2

Effective: 3/28/2019
Five Year Review (FYR) Dates: 11/30/2018
Promulgated Under: 119.03
Statutory Authority: 3119.51
Rule Amplifies: 3119.30, 3119.302
Prior Effective Dates: 03/01/2009, 09/01/2012, 07/01/2013, 01/01/2015