Current through all regulations passed and filed through September 16, 2024
(A) In any action or proceeding in which a
child support enforcement agency (CSEA) issues or modifies a child support
order, each party to the child support order is required to provide a list of
any available private group health insurance policies, contracts, or plans to
the CSEA.
(B) Based on information
provided by the parties in accordance with paragraph (A) of this rule, when the
CSEA issues or modifies a child support order, the CSEA shall include one of
the following:
(1) A requirement that both
the obligor and the obligee obtain private health insurance coverage for the
child, if coverage that is reasonable in cost is available to both the obligor
and the obligee and dual coverage will provide for coordination of medical
benefits without unnecessary duplication of coverage.
(2) A requirement that the obligee obtain
private health insurance coverage for the child, if coverage that is reasonable
in cost is available through any group policy, contract, or plan available to
the obligee and is available at a more reasonable cost than coverage is
available to the obligor.
(3) A
requirement that the obligor obtain private health insurance coverage for the
child, if coverage that is reasonable in cost is available through any group
policy, contract, or plan available to the obligor and is available at a more
reasonable cost than coverage is available to the obligee.
(4) If private health insurance coverage for
the child that is reasonable in cost is not available to the obligor or the
obligee at the time that the child support order is issued, a requirement that
the obligor and the obligee immediately inform the CSEA administering the child
support order when private health insurance coverage for the child becomes
available to either the obligor or the obligee.
(C) When a CSEA determines the medical
support provision described in paragraph (B) of this rule, the CSEA shall
consider any private health insurance in which the obligor, obligee, and/or
child are enrolled at the time that the CSEA issues or modifies the child
support order.
(D) In accordance
with sections 3119.30 and
3119.32 of the Revised Code, in
any action or proceeding in which the CSEA is issuing or modifying a child
support order, the CSEA shall order or recommend the medical support provision
for the shared responsibility of uncovered healthcare expenses.
(E)
.
Variations from private health insurance standards for child
support orders issued or modified in accordance with section
3119.30 of the Revised Code as
adopted under Amended Substitute House Bill 119 of the 127th General
Assembly.
(1) When the cost of private
health insurance coverage for the child to either parent exceeds five per cent
of that parent's annual gross income, the CSEA shall not order that parent to
provide the private health insurance coverage for the child that exceeds the
reasonable cost standard unless:
(a) Both
parents agree that the parent be ordered to provide the private health
insurance that exceeds the reasonable cost standard; or
(b) One of the parents requests to be ordered
to provide the private health insurance that exceeds the reasonable cost
standard.
When the CSEA issues the variation to the reasonable cost
standard, the CSEA shall document the variation on the child support
order.
(2) A
CSEA may extend the thirty-mile accessibility standard for private health
insurance when residents in part or all of the immediate geographic area
customarily travel farther distances than thirty miles for primary care
services. "Immediate geographic area" means the county in which the child
resides. When the child's residence is within ten miles of the county line,
"immediate geographic area" includes the county in which the child resides and
any bordering county.
When the CSEA extends the thirty-mile accessibility standard,
the CSEA shall document the variation on the child support order.
(3) A CSEA may expand the
accessibility standard to include the requirement that the primary care
services must be available by public transportation when the custodial parent
or caretaker is dependent upon public transportation.
When the CSEA expands the accessibility standard to include the
stipulation described in paragraph (E)(3) of this rule, the CSEA shall document
the variation on the child support order.
