Current through all regulations passed and filed through September 16, 2024
(A) This rule
describes the medical support mistake of fact hearing process which is only
available to an individual whose child support order was issued or modified
prior to March 28, 2019, in accordance with
section 3119.30 of the Revised Code as
adopted under Amended Substitute House Bill 119 of the 127th General
Assembly.
(B) An obligor or obligee
may submit a request for a medical support mistake of fact hearing to contest
the child support enforcement agency's (CSEA) determination regarding whether
private health insurance coverage that is accessible and reasonable in cost is
available to:
(1) The health insurance
obligor(s); or
(2) Either party to
the child support order, when a health insurance obligor has not been
identified.
(C) The
party must file the request for the medical support mistake of fact hearing
with the CSEA within fourteen days of the date that the CSEA issues either a:
(1) JFS 04031, "Notice Regarding Cash Medical
Support Order" (effective or revised effective date as identified in rule
5101:12-57-99
of the Administrative Code);
(2)
JFS 04032, "Notice to Provide Cash Medical Support" (effective or revised
effective date as identified in rule
5101:12-57-99
of the Administrative Code); or
(3)
JFS 04033, "Notice To Provide Private Health Insurance" (effective or revised
effective date as identified in rule
5101:12-57-99
of the Administrative Code).
(D) Upon scheduling the medical support
mistake of fact hearing the CSEA shall:
(1)
Ensure the medical support mistake of fact hearing to be held on a date that is
no later than ten days after the date the request was received; and
(2) Issue a JFS 07053, "Notice of Medical
Support Mistake of Fact Hearing" (effective or revised effective date as
identified in rule
5101:12-57-99
of the Administrative Code), to both parties no later than five days before the
date that the medical support mistake of fact hearing is scheduled to be
conducted.
(E) The CSEA
shall issue a JFS 07058, "Medical Support Mistake of Fact Hearing
Determination" (effective or revised effective date as identified in rule
5101:12-57-99
of the Administrative Code), to the requesting party when denying a medical
support mistake of fact hearing within fourteen days of the date that the
request was filed with the CSEA.
A CSEA may deny a request for a medical support mistake of fact
hearing when:
(1) The request is not
timely filed.
(2) The request is
for a reason other than to contest whether:
(a) Private health insurance that is
accessible and reasonable in cost is or is not being provided in accordance
with the order, when at least one of the parties has been identified as the
health insurance obligor; or
(b)
Private health insurance that is accessible and reasonable in cost is or is not
available to either party, when neither party has been identified as the health
insurance obligor.
(3)
The request is not submitted by the obligor, the obligor's representative, or
the obligee or the obligee's representative.
(F) No later than the scheduled date of the
medical support mistake of fact hearing, the parties may provide the CSEA with
any evidence or relevant information necessary for the CSEA to properly review
whether private health insurance coverage that is accessible and reasonable in
cost is available to:
(1) The health insurance
obligor(s); or
(2) Either party,
when a health insurance obligor has not been identified.
(G) At the medical support mistake of fact
hearing, the CSEA shall:
(1) Review the
information that led to the issuance of the JFS 04031, JFS 04032, or JFS
04033;
(2) Consider any testimony
or evidence submitted by either party or received independently from another
source that is relevant to the issues to be addressed; and
(3) Determine whether private health
insurance coverage that is accessible and reasonable in cost is available to:
(a) The health insurance obligor(s);
or
(b) Either party, when a health
insurance obligor has not been identified.
(H) No later than fourteen days from the date
of the medical support mistake of fact hearing, the CSEA shall:
(1) Issue a JFS 07058 to both
parties.
(2) Record the results of
the medical support mistake of fact hearing in and make any necessary changes
to the support enforcement tracking system based on the results of the
hearing.
(I) Each party
has the right to file for a court hearing to object to the determination made
by the CSEA within fourteen days of the date that the CSEA issues the JFS
07058.
