Human Services, Recovery Services

Rule R527-201

Medical Support Services

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 35495
Filed: 12/01/2011 08:46:11 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Pursuant to Section 62A-11-107, the Office of Recovery Services (ORS) is authorized to adopt rules that are necessary to carry out the provisions of Title 62A, Chapter 11. Sections 62A-11-326, 62A-11-326.1, 62A-11-326.2, 62A-11-326.3, and 78B-12-212 contain provisions requiring ORS to establish and enforce medical support orders. In addition, these statutes require that parents provide verification of insurance coverage and notification of medical expenses to the other party, and deal with issues of responsibility for premium payments and child support credit for medical expenses paid. This rule incorporates by reference 45 CFR 303.30, 303.31, and 303.32 which outline the basic mandates for state IV-D agencies to establish, modify, and enforce orders requiring obligated parents to obtain and maintain medical insurance coverage for their children. This rule provides information on how ORS carries out the medical support duties outlined in these statutes.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No comments have been received.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

Federal regulations 45 CFR 303.30, 303.31, and 303.32, as well as state statues found in Sections 62A-11-326, 62A-11-326.1, 62A-11-326.2, 62A-11-326.3, and 78B-12-212 are still in effect. This rule provides necessary details on how ORS carries out the medical support duties outlined in these statutes. It defines the agency's limits in providing medical support services, reiterates the condition under which medical support services are provided to non-TANF Medicaid recipients, explains how medical support orders are secured by the agency, details enforcement remedies, and addresses the issue of the medical support obligation of parents who are receiving or have received Medicaid. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

• LeAnn Wilber at the above address, by phone at 801-536-8950, by FAX at 801-536-8833, or by Internet E-mail at [email protected]

Authorized by:

Mark Brasher, Director

Effective:

12/01/2011