Human Services, Recovery Services

Rule R527-201

Medical Support Services

Notice of Proposed Rule

(Amendment)

DAR File No.: 35619
Filed: 01/05/2012 07:56:25 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to require the obligated parent to request and complete an Insurance Premium Credit Request letter from the Office of Recovery Services/Child Support Services (ORS/CSS) prior to the office calculating and giving an insurance credit pursuant to Section 78B-12-212. Also to notify obligated parents that pursuant to Subsection 78B-12-212(7) ORS will end insurance credit on January 2 of every year, unless the obligated parent provides verification of the coverage. Delete unnecessary language in Section R527-201-6 and add "father" to Section R527-201-12. Delete the legal citation "30-3-5.5" reference in the "Authorizing, and Implemented or Interpreted Law" section and add a new citation, "30-3-5.4".

Summary of the rule or change:

In Subsection R527-201-6(2), delete "to modify the order". A new Section R527-201-8, "Insurance Credit" was added to the rule and notification that ORS will end insurance credit on January 2 of every year, unless the obligated parent provides verification of the coverage. The following subsequent sections were renumbered accordingly. In Section R527-201-12, add "alleged" before father. In the "Authorizing, and Implemented or Interpreted Law" section, delete the legal citation, "30-305.5 and add 30-3-5.4".

State statutory or constitutional authorization for this rule:

• Section 62A-11-326.2
• Section 63G-4-102 et seq.
• Section 62A-11-326.1
• Subsection 62A-11-406(9)
• Section 62A-11-326.3
• Subsection 35A-7-105(2)
• Section 78-45-7.15

Anticipated cost or savings to:

the state budget:

There should be no savings or cost to the state as the office currently gathers most of this information from the obligated parent or his employer through other letters. The use of this new letter should stop the office from having to send as many other letters to employers to gather the necessary information needed to calculate credit.

local governments:

Administrative rules of the Office of Recovery Services/Child Support Services (ORS/CSS) do not apply to local government; therefore, there are no anticipated costs or savings for any local businesses due to this amendment.

small businesses:

There are not anticipated costs for small business because the changes affect the internal procedures of the ORS/CSS (Child Support Services) and provide clarification to the child support staff. There may be minimal costs to the obligated parent requesting an insurance credit to mail the Insurance Premium Credit Request letter back to the office.

persons other than small businesses, businesses, or local governmental entities:

There may be a small savings to employers who will no longer be required to complete letters sent from the office to gather information necessary to calculate credit for the obligated parent. However, it may be necessary to still send letters to employers requesting the required information, resulting in no cost or savings to employers.

Compliance costs for affected persons:

There may be minimal costs to the obligated parent requesting an insurance credit to mail the Insurance Premium Credit Request letter back to the office.

Comments by the department head on the fiscal impact the rule may have on businesses:

The impact to businesses as a result of these changes will be minimal. While the office will gather information necessary to calculate an insurance credit directly from the obligated parent, there may still be times when it is necessary to request that information directly from the employer. However, if the office is able to gather the required information directly from the obligated parent, the office will send fewer letters to employers to be completed. This will cause both a savings in man-hours spent to complete the form and money to mail or fax the form back to the office.

Palmer Depaulis, Executive Director, Department of

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

Human Services
Recovery Services
515 E 100 S
SALT LAKE CITY, UT 84102-4211

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 lwilber@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

03/16/2012

This rule may become effective on:

03/23/2012

Authorized by:

Mark Brasher, Director

R527. Human Services, Recovery Services.

R527-201. Medical Support Services.

R527-201-1. Authority and Purpose.

1. The Department of Human Services is authorized to create rules necessary for the provision of social services by Section 62A-1-111 and 62A-11-107.

2. The purpose of this rule is to specify the responsibilities and procedures for the Office of Recovery Services/Child Support Services for providing medical support services.

 

R527-201-2. Federal Requirements.

The Office of Recovery Services/Child Support Services, (ORS/CSS), adopts the federal regulations as published in 45 CFR 303.30, 303.31, and 303.32 (2008) which are incorporated by reference in this rule.

 

R527-201-3. Definitions.

1. Accessibility: Insurance is considered accessible to the child if non-emergency services covered by the health plan are available to the child within 90 minutes or 90 miles of the child's primary residence.

2.National Medical Support Notice (NMSN) is the federally approved form that ORS/CSS shall use, when appropriate, to notify an employer to enroll dependent children in an employment-related group health insurance plan in accordance with a child support order.

3. Cash Medical Support: An obligation to equally share all reasonable and necessary medical and dental expenses of children.

 

R527-201-4. Limitation of Services.

ORS/CSS shall not:

1. pursue establishment of specific amounts for ongoing medical support,

2. initiate an action to obtain a judgment for uninsured medical expenses, or

3. collect and disburse premium payments to insurance companies.

 

R527-201-5. Conditions Under Which Non-IV-A Medicaid Recipients May Decline Support Services.

ORS/CSS shall provide child and spousal support services; however, a Non-IV-A Medicaid recipient may decline child and spousal support services if paternity is not an issue and there is an order for the non-custodial parent to provide medical support.

 

R527-201-6. Securing a Medical Support Provision in the Support Order.

1. Notice to potentially obligated parents: The notice to potentially obligated parents shall include a provision that an administrative or judicial proceeding will occur to:

a. order either parent to purchase and maintain appropriate medical insurance for the children, and

b. order both parents to pay cash medical support. This notification shall be provided when either of the following conditions is met:

a. the state initiates an action to establish a final support order or to adjust an existing child support order; or

b. the state joins a divorce or modification action initiated by either the custodial or the non-custodial parent.

2. If a judicial support order does not include a medical support provision, ORS/CSS shall commence judicial action [to modify the order] to include a medical support provision.

 

R527-201-7. Reasonable Cost of Insurance Premiums.

Employment-related or other group coverage that does not exceed 5% of the obligated parent's monthly gross income is generally considered reasonable in cost. However, an employer may not withhold more than the lesser of the amount allowed under the Consumer Credit Protection Act, the amount allowed by the state of the employee's principal place of employment, or the amount allowed for health insurance premiums by the child support order. If the combined child support and medical support obligations exceed the allowable deduction amount, the employer shall withhold according to the law, if any, of the state of the employee's principal place of employment requiring prioritization between child support and medical support. If the employee's principal place of employment is in Utah, the employer shall deduct current child support before deducting amounts for health insurance coverage. If the amount necessary to cover the health insurance premiums cannot be deducted due to prioritization or limitations on withholding, the employer shall notify ORS/CSS.

 

R527-201-8. Insurance Credit.

1. If an obligated parent is required to provide health insurance for his or her minor child(ren) and the order was issued by a Utah tribunal, in accordance with U.C.A. 78B-12-212, the parent may receive an insurance credit. ORS/CSS will calculate and apply the insurance credit if the office receives a completed Insurance Premium Credit Request letter. The Insurance Premium Credit Request must include the following information:

a. availability of insurance;

b. policy number;

c. names of all individuals covered by the policy;

d. the out-of-pocket cost for the insurance;

e. proof of the monthly insurance premium paid;

f. the obligated parent's signature; and,

g. the date the letter was completed.

2. Credit will be given to the obligated parent beginning the first day of the month following the date ORS/CSS receives the completed Insurance Premium Credit Request letter.

3. The insurance credit will be ended each calendar year, January 2, in accordance with U.C.A. 78B-12-212 (7), unless the obligated parent provides verification of coverage and costs to ORS/CSS on an updated Insurance Premium Credit Request. To allow sufficient time for ORS to process the annual insurance verification, the obligated parent may provide verification of the coverage as early as November 1 of the previous year.

 

R527-201-9. Credit for Premium Payments and Effect of Changes to the Premium Amount Subsequent to the Order.

1. If the order or underlying worksheet does not mention a specific credit for insurance premiums, ORS/CSS shall give credit for the child(ren)'s portion of the insurance premium when the obligated parent provides the necessary verification coverage.

2. ORS/CSS shall notify both parents in writing whenever the credit is changed.

 

R527-201-[9]10. Enforcement of Obligation to Maintain Medical and Dental Insurance.

1. In Non-IV-A cases and in IV-A Medicaid cases, appropriate steps shall be taken to ensure compliance with orders which require the obligated parent to maintain insurance. Obligated parents shall demonstrate compliance by providing ORS/CSS with policy numbers and the insurance provider name for the dependent children for whom the medical support is ordered.

2. In Non-IV-A cases and in IV-A Medicaid cases, if an obligated parent has been ordered to maintain insurance and insurance is accessible and available at a reasonable cost, ORS/CSS shall use the NMSN to transfer notice of the insurance provision to the obligated parent's employer unless ORS/CSS is notified pursuant to Section 62A-11-326.1 that the children are already enrolled in an insurance plan in accordance with the order.

3. When appropriate, ORS/CSS shall send the NMSN to the obligated parent's employer within two business days after the name of the obligated parent has been entered into the registry of the State Directory of New Hires, matched with ORS/CSS records, and reported to ORS/CSS in accordance with Subsection 35A-7-105(2).

4. The employer shall transfer the NMSN to the appropriate group health plan for which the children are eligible within twenty business days of the date of the NMSN if all of the following criteria are met:

a. the obligated parent is still employed by the employer;

b. the employer maintains or contributes to plans providing dependent or family health coverage;

c. the obligated parent is eligible for the coverage available through the employer; and

d. state or federal withholding limitations, prioritization, or both, do not prevent withholding the amount required to obtain coverage.

5. If more than one coverage option is available under a group insurance plan and the obligated parent is not already enrolled, ORS/CSS in consultation with the custodial parent may select the least expensive option if the option complies with the child support order and benefits the children. The insurer shall enroll the children in the plan's default option or least expensive option in accordance with Subsection 62A-11-326.2(1)(b) unless another option is specified by ORS/CSS.

6. The employer shall determine if the necessary employee contributions for the insurance coverage are available. If the amounts necessary are available, the employer shall begin withholding when appropriate and remit directly to the plan.

7. In accordance with Subsections 62A-11-326.1(2) and (3), the obligated parent may contest withholding insurance premiums based on a mistake of fact. The employer shall continue withholding under the NMSN until notified by ORS/CSS to terminate withholding insurance premiums.

8. If a parent successfully contests the action to enroll the children in a group health plan based on a mistake of fact, ORS/CSS shall notify the employer to discontinue enrollment and withholding insurance premiums for the children.

9. In accordance with Subsection 62A-11-406(9), the employer shall:

a. notify ORS/CSS within five days after the obligated parent terminates employment;

b. provide the office with the obligated parent's last-known address; and

c. the name and address of any new employer, if known.

10. ORS/CSS shall promptly notify the employer when a current order for medical support is no longer in effect for which ORS/CSS is responsible.

 

R527-201-[10]11. Coordination of Health Insurance Benefits.

If, at any point in time, a dependent child is covered by the health, hospital, or dental insurance plans of both parents, the health, hospital, or dental insurance plan of the parent whose birthday occurs first in the calendar year, shall be designated as primary coverage for the dependent child. The health, hospital, or dental insurance plan of the other parent shall be designated as secondary coverage for the dependent child.

 

R527-201-[11]12. Obligated Parent Receiving Medicaid.

In an unestablished paternity case, if the alleged father's income was taken into consideration when determining the household's eligibility for Medicaid, ORS/CSS shall not enforce payment of medical expenses regardless of the medical support provisions in the order, but shall enforce the health insurance provision.

 

KEY: child support, health insurance, Medicaid

Date of Enactment or Last Substantive Amendment: [July 8, 2010]2012

Notice of Continuation: December 1, 2011

Authorizing, and Implemented or Interpreted Law: 30-3-5; [30-3-5.5]30-3-5.4; 62A-1-111; 62A-11-103(2); 62A-11-107; 62A-11-326; 62A-11-326.1; 62A-11-326.2; 62A-11-326.3; 62A-11-406(9); 63G-4-102 et seq.; 78B-12-102(6); 78B-12-212; 35A-7-105(2); 45 CFR 303.30; 45 CFR 303.31; 45 CFR 303.32