DAR File No. 40654

Human Services, Recovery Services

Rule R527-201

Medical Support Services

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 40654
Filed: 08/08/2016 01:12:14 PM

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. These statutes require the parents to provide verification of insurance coverage and notification of medical expenses to the other party. These same statutes also address the issues surrounding the parent�s responsibility for insurance premium payments and receiving a child support credit for medical expenses paid. In addition, these statutes outline the conditions upon which ORS may issue notice to employers to enroll dependent children in health insurance plans. 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:

There have been no comments received since the last five-year review of the rule.

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 statutes 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, describes the availability of credit based on the children's portion of the premiums paid, 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 Office 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:

• Scott Weight at the above address, by phone at 801-741-7435, by FAX at 801-536-8509, or by Internet E-mail at [email protected]

Effective:

08/08/2016

Authorized by:

Liesa Stockdale, Director