COMMENT DUE DATE:
November 12, 2008
DATE:
November 4, 2008
Tammy Hall CSED (405) 522-0022
Dena Thayer PMU Manager (405) 521-4326
Nancy Kelly PMU Specialist (405) 522-6703
RE:
APA WF 08-14
The proposed policy is Emergency . This proposal will go to the Commission meeting on
CHAPTER 25. Child Support Enforcement Division
Chapter 25.Child Support Enforcement Division
Subchapter 5. Operational Policies
Part 15. Case Initiation, Case Management, and Case Closure
340:25-5-123[AMENDED]
Part 20. Medical Supportt
340:25-5-171[AMENDED]
(Reference APA WF 08-14)
SUMMARY: The proposed amendments will provide case closure for cases that were previously neither closable nor workable because of the custodial person’s noncooperation.Also, health care coverage will be increased for children because medical support can now be enforced against either parent through the National Medical Support Notice.
EMERGENCY APPROVAL: Emergency rulemaking approval is requested to meet the federal provisions of the Code of Federal Regulations effective July 21, 2008 in the Federal Register/Volume 73, No. 140.45 CFR Parts 302, 303, 304, 305, and 306 were revised.
LEGAL AUTHORITY:Section 303.6 of Title 45 of the Code of Federal Regulations; Article 25, Sections 2, 3, and 4 of the Oklahoma Constitution; Section 115 of Title 43 of the Oklahoma Statutes; Section 137 of Title 43 of the Oklahoma Statutes; Section 237 of Title 56 of the Oklahoma Statutes; Section 240.1 of Title 56 of the Oklahoma Statutes; and Section 724.1 of Title 3A of the Oklahoma Statutes.
TO:Dena Thayer, Programs Manager
Policy Management Unit
FROM:Elizabeth Wilson, CSED Assistant Division Director
Center for Operations, 522-2780
DATE:October 20, 2008
RE:Title 340.Department of Human Services
Chapter 25.Child Support Enforcement Division
Subchapter 5. Operational Policies
Part 15. Case Initiation, Case Management, and Case Closure
340:25-5-123[AMENDED]
Part 20. Medical Supportt
340:25-5-171[AMENDED]
APA WF # 08-14
CONTACT:Tammy HallTelephone:522-0022
A.Brief description of the purpose of the proposed rule.
Purpose.The Federal Code of Regulations was revised for establishing and enforcing medical support.Non-TANF Medicaid cases with a child(ren) only receiving benefits may now be closed for noncooperation.[45 CFR § 303.11]Also, to implement the State’s option to enforce the provision of health care coverage for children against either parent through the use of the National Medical Support Notice as allowed in the revision to 45 CFR § 303.32.
Strategic Plan impact. The proposed amendments support OKDHS goals of assisting customers in becoming independent, employed, productive citizens; providing services that support and strengthen the family and protect its members; providing services in community-based settings; and continuously improving systems and processes to achieve agency goals.They support CSED's strategic plan to increase current support collected, to promote high quality customer service, and to improve performance measures necessary to maintain and improve the child support program.
Substantive Changes. The proposed amendment to OAC 340:25-5-123 adds that when the custodial person is receiving non-TANF Medicaid benefits for a child(ren) only, the child support case may be closed when the conditions in either Section 303.11 (b) (10) or Section 303.11 (b) (11) of Title 45 of the Code of Federal Regulations.Also, a section is deleted that is not longer applicable.Proposed amendments to OAC 340:25-5-171 requires that the National Medical Support Notice be used to enforce medical support against either parent.
Reasons. The proposed amendments will provide case closure for cases that were previously neither closable nor workable because of the custodial person’s noncooperation.Also, health care coverage will be increased for children because medical support can now be enforced against either parent through the National Medical Support Notice.
Repercussions. Failure to adopt these amended rules could result in the failure to collect medical support for children of this state. Cases could not be closed for noncooperation if amended rules if amended rules are not adopted, thus causing a burden on child support staff.
Legal Authority.Section 303.6 of Title 45 of the Code of Federal Regulations; Article 25, Sections 2, 3 and 4 of the Oklahoma Constitution; Section 115 of Title 43 of the Oklahoma Statutes; Section 137 of Title 43 of the Oklahoma Statutes; Section 237 of Title 56 of the Oklahoma Statutes; Section 240.1 of Title 56 of the Oklahoma Statutes; and Section 724.1 of Title 3A of the Oklahoma Statutes.
Emergency approval. Emergency rulemaking approval is requested to meet the federal provisions of the Code of Federal Regulations effective July 21, 2008 in the Federal Register/Volume 73, No. 140.45 CFR Parts 302, 303, 304, 305, and 306 were revised.
B.A description of the classes of persons who most likely will be affected by the proposed rule, including classes that will bear the costs of the proposed rule, and any information on cost impacts received by the Agency from any private or public entities:Noncustodial parents and custodial parents who are ordered to provide medical support and children entitled to medical support may be affected by the proposals.Also, custodial persons whose cases may now be closed for noncooperation.
C.A description of the classes of persons who will benefit from the proposed rule:
These proposed amendments should increase medical support payments to children.Taxpayers may benefit because of a decrease in state funding for Medicaid child only cases that may now be closed.
D.A description of the probable economic impact of the proposed rule upon the changes and, whenever possible, a separate justification for each: This proposal should have a positive economic impact on children.With increased enforcement of medical support enrollment, more children will have needed health insurance.Medicaid child only cases may now be closed for noncooperation, thus saving child support staff more time to focus on other cases. The proposal does not significantly affect any political subdivision.
E.The probable costs and benefits to the Agency and to any other agency of the implementation and enforcement of the proposed rule, the source of revenue to be used for implementation and enforcement of the proposed rule, and any anticipated effect on state revenues, including a projected net loss or gain in such revenues if it can be projected by the Agency: The probable cost to OKDHS includes the cost of printing and distributing the rules and training material among staff, and staff time associated with reviewing and revising the rules and training material.The cost of printing and distribution is estimated to be under $100 and is within the current budget and requires no additional funding.Any costs of implementation are expected to be offset by an increase in medical support enrollment.These proposals do not increase any agency's duties or need for additional FTE.
F.A determination of whether implementation of the proposed rule will have an economic impact on any political subdivisions or require their cooperation in implementing or enforcing the rule:The proposed rules should have no economic impact on any political subdivision or require their cooperation in implementing or enforcing the rule.
G.A determination of whether implementation of the proposed rule may have an adverse economic effect on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act: There are no anticipated adverse economic effects on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act.
H.An explanation of the measures the Agency has taken to minimize compliance costs and a determination whether there are less costly or nonregulatory methods or less intrusive methods for achieving the purpose of the proposed rule:These proposals are intended to minimize compliance costs and intrusive regulations while fully complying with state and federal mandates.There are no less intrusive or less costly methods of achieving full compliance.
I.A determination of the effect of the proposed rule on the public health, safety, and environment and, if the proposed rule is designed to reduce significant risks to the public health, safety, and environment, an explanation of the nature of the risk and to what extent the proposed rule will reduce the risk: The implementation of these proposals will have a positive effect on the public health, safety, and environment by ensuring that children receive medical support payments to which they are entitled.These proposals are intended to comply with state and federal child support enforcement mandates, thereby increasing program effectiveness and contributing to the health, safety, and well-being of children entitled to support.
J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented:Failure to implement the proposed rules will cause funds to not be collected that would otherwise benefit the welfare of children and custodial persons.
The date the rule impact statement was prepared and if modified, the
date modified:Prepared October 20, 2008; modified November 3, 2008.
Subchapter 5. Operational Policies
Part 15. Case Initiation, Case Management, and Case Closure
340:25-5-123. Case closure system
Revised
(a) Except as provided in (b) and (c) of this Section, the Child Support Enforcement Division (CSED) closes cases eligible for closure under Section 303.11 of Title 45 of the Code of Federal Regulations (CFR).¢ 1
(b) A child support case may not be closed when:
(1) court-ordered support is owed to the state; and
(2) current child support is being collected by income assignment.
(c) A child support case may be closed when any of the criteria in (1) through (5) of this subsection applies.
(1) Less than $500 in court-ordered support is owed to the state, unless there has been:
(A) a collection during the past six months; or
(B) a federal or state income tax refund intercept in the past 18 months.¢ 2
(2) The custodial person is participating in the Oklahoma Department of Human Services (OKDHS) child care subsidy program, is not receiving Temporary Assistance for Needy Families (TANF) or non-TANF Medicaid, requests closure, and (A) and (B) of this paragraph apply.
(A) There is a child support order.
(B) The custodial person is receiving the full amount of the current monthly child support obligation and has reported to Family Support Services receipt of this child support income.¢ 3
(3) The custodial person is receiving non-TANF Medicaid benefits for a child(ren) only, requests closure, and (A) and (B) of this paragraph apply.
(A) The custodial person later contacts CSED to decline child support services.
(B) No court hearing has been held to enforce the child support order.
(43) The custodial person is participating in the OKDHS child care subsidy program, is receiving non-TANF Medicaid benefits for a child(ren) only, requests closure, and all the criteria in paragraphs (2) and (3) of this subsection apply.¢ 1 & 4
(54) The noncustodial parent is receiving Supplemental Security Income, has no income or assets to pay arrears, and the child support order is set at or modified to $0.00 per month due to the parent’s disability and lack of income.
(d) A child support case may be closed when the custodial person is receiving non-TANF Medicaid benefits for a child(ren) only when:
(1) the custodial person cannot be located under Section 303.11 (b) 10 of Title 45 of CFR; or
(2) the custodial person fails to cooperate and an action by the custodial person is essential for the next step in providing child support services under Section 303.11 (b) (11) of Title 45 of CFR.¢ 5
(de) When CSED closes a non-public assistance child support case because the parties to a case reunite or the child(ren) is adopted, CSED terminates the Order/Notice to Withhold Income for Child Support with the employer.¢ 4
(ef) When CSED closes a non-public assistance child support case for reasons other than reunification, CSED keeps the Order/Notice to Withhold Income for Child Support with the employer in effect unless ordered by district or administrative court to terminate the notice with the employer.
(1) The income assignment order remains in effect as long as support is owed under 12 O.S. § 1171.3(B)(4).If the district or administrative court orders that the Order/Notice to Withhold Income for Child Support be terminated, CSED sends a termination notice to the employer.
(2) Income assignment child support payments continue to be processed in a non‑IV-D child support case through the Centralized Support Registry under 43 O.S. § 413(A)(2) and OAC 340:25-5-350.3.
(fg) Under Section 302.33 of Title 45 of the Code of Federal Regulations, when IV-A TANF, IV-E foster care, and non-TANF Medicaid services are discontinued, CSED notifies the recipient that CSED maintains a full-service child support case unless the custodial person affirmatively declines services in writing.If the custodial person declines services in writing, CSED closes the case.If the custodial person fails to respond, CSED maintains a full-service child support case.
INSTRUCTIONS TO STAFF
Revised
1.Child support staff follow the Child Support Manual, Volume 2 - Case Initiation and Case Closure, Case Closure chapter for information on case closure.Child support staff access the Child Support Manual on the Child Support Enforcement Division (CSED) InfoNet Home page.
2.CSED does not close a case solely because the applicant moves out-of-state.
3.(a) Child support staff must manually review the CSED CP Day Care Closure (CSDCC) screen on the automated Oklahoma Support Information System (OSIS) to determine if the amount of child support income in the F95 block on the EF screen of the automated Family Support Services Division (FSSD) PS2 system is equal to or greater than the child's court-ordered monthly child support amount on the Obligation Current Support Inquiry (OBCSI) screen.
(b) If the amount in the F95 block is equal to or greater than the amount on the OBCSI screen, a message will appear on the CSDCC screen "ENTER 'X' TO CLOSE CASE" allowing child support staff to close the case if the criteria in subsection (c) of this rule are met.
(c) If the amount per child in the F95 block is less than the court-ordered amount, the message "IF FSSD HAS VERIFIED CHILD SUPPORT INCOME, ENTER 'X' TO CLOSE CASE" will appear.Child support staff must e-mail the Family Support Services (FSS) worker and the Field Operations Division county director to report the discrepancy and request verification of the monthly amount of child support income reported by the custodial person to the FSS program worker.
(d) Child support staff must document on the Case Log Add (CSLOGA) screen when the e-mail was sent to the FSS program worker.When the FSS program worker e‑mails child support staff confirming the monthly amount of child support income reported by the custodial person, child support staff may close the child support case if the criteria in subsection (c) of this rule are met.Child support staff must document on CSLOGA when the FSS program worker e‑mailed them and the information provided.
4.(a) Except as provided in (b) of this Instruction, if any court hearing has been held to enforce a child support order on a child support case where the custodial person is receiving non-TANF Medicaid benefits for a child(ren), child support staff:
(1) do not close the child support case; and
(2) follow the federal Office of Child Support Enforcement (OCSE) Policy Interpretation Question PIQ‑03‑09 which explains the prohibition of case closure of non-TANF Medicaid cases, for noncooperation or at the custodial person's request.This PIQ is available from the OCSE Web site at http://www.acf.hhs.gov/programs/cse/pol/PIQ/2003/piq-03-09.htm.
CSED does not close a child support case in which a custodial person is receiving a child care subsidy referral at the custodial person’s request, except as described in OAC 340:25-5-123(c)(2).
(b) When CSED receives a payment on a non-TANF Medicaid benefits only case, child support staff process the case as described in (1) through (3).
(1) District office staff:
(A) resolve the payment on OSIS in the CSED Undistributed Payments Select Menu (UNDL) screen by using the CSED Financial Notes Add (UNDR) screen and coding the payment with a 'W' resolution indicator and a note that the payment is a non-IV-D pass through; and
(B) close the case on OSIS with the closure codes 04/01, which converts the case to a non-IV-D pass through case to allow future payments to automatically pass through to the custodial person.
(2) Center for Finance and Budget staff log the payment for issuance to the custodial person as a non-IV-D pass through case as provided in OAC 340:25-5-350.3.
(3) District office staff review the child support order for a medical support provision as described in OAC 340:25-5-168 and, if there is no such provision:
(A) re-open the child support case to obtain a modification of the child support order to include a medical support provision, document medical insurance actually provided, and/or issue a National Medical Support Notice to an existing employer as described in OAC 340:25‑5‑171;
(B) update OSIS with this information; and
(C) close the case with the OSIS closure codes 04/01.
5.Examples of noncooperation in a child-only Medicaid case include, but are not limited to:
(1) Closure is appropriate when the custodial person refuses to bring the child in for court-ordered genetic testing despite multiple notices to do so.The case may be closed because genetic testing, when ordered, is an essential next step for establishing paternity as described in OAC 340:25-5-114 ITS 1 for noncooperation.
(2) Closure is not appropriate when the noncustodial parent has requested a review of the order, but the custodial person fails to appear at the modification hearing after having been served with notice.The court enters an order imputing income to the custodial person despite the custodial person’s failure to appear.The case may not be closed because CSED was able to proceed with the modification without the custodial person’s appearance under OAC 340:25-5-114 ITS 1(c).
Subchapter 5. Operational Policies
Part 20. Medical Support
340:25-5-171. Enforcement of a medical support order
Revised
(a) When the noncustodial a parent has been ordered to provide health insurance for the child(ren) and has failed to voluntarily enroll the child(ren), the Oklahoma Department of Human Services (OKDHS) Child Support Enforcement Division (CSED) uses the National Medical Support Notice (NMSN) to aid in enrolling the child(ren) in the group health plans for which the noncustodial a parent is eligible.CSED sends the NMSN to the noncustodial parent's employer as required by Section 666 of Title 42 of the United States Code, Section 609 of the Employee Retirement Income Security Act of 1974, Section 303.32 of Title 45 of the Code of Federal Regulations, and Section 6058A of Title 36 and Section 118.2 of Title 43 of the Oklahoma Statutes.
(b) When a child is eligible for enrollment in the United States Department of Defense's managed health care program, TRICARE, (a) of this Section does not apply.CSED notifies the custodial person to contact the Defense Manpower Data Center Support Office at 1-800-538-9552 to enroll the child, using the Defense Enrollment Eligibility Reporting System registration process.¢ 1
(c) If the employer response to the NMSN indicates that enrollment cannot be completed because of the cost of coverage, CSED applies OAC 340:25-5-168 to determine if coverage is available at reasonable cost. CSED conducts a review of the order under OAC 340:25-5-198.1 and seeks a modified order if the review indicates that modification would result in an enforceable medical support order or that the child support order should be adjusted.¢ 2
(d) CSED issues a non-compliance letter to the employer when the employer:
(1) has not returned the NMSN within 20 business days after the date of the NMSN notifying CSED that:
(A) the employer does not offer group dependent health coverage;
(B) the employee is among a class of employees that is not eligible for family coverage under the employer's plans;
(C) the employee is not employed by the employer; or
(D) state or federal withholding limitations or prioritization of withholding prevent the required employee contribution to obtain coverage;
(2) has not forwarded the NMSN to the insurer within 20 business days after the date of the NMSN; or
(3) is the insurer and has not returned the NMSN within 20 business days after the date of the NMSN indicating that either the child(ren) has been enrolled in the plan and the effective date of coverage or there is more than one option available and one must be selected.¢ 3
(e) CSED issues a non-compliance letter to the insurer when the insurer has not returned the NMSN within 40 business days after the date of the NMSN indicating that either the child(ren) has been enrolled in the plan and the effective date of coverage or there is more than one option available and one must be selected.¢ 4
(f) CSED may initiate legal proceedings to request the court to fine employers and insurers when there is no response indicating full compliance with the requirements of the NMSN within ten business days after the date of the non-compliance letter.Fines may be imposed by the court for up to $200 a month per child for each failure to comply with the requirements of the NMSN under Section 6058A of Title 36 and Section 118.2 of Title 43 of the Oklahoma Statutes.
(g) If the employer or insurer complies with the requirements of the NMSN, CSED may dismiss the case against the employer or insurer.
(h) Employers and insurers must send any fine(s) imposed by the court, under Section 225 of Title 56 of the Oklahoma Statutes, by check or money order to CSED, Attn:Finance, P.O. Box 53552, Oklahoma City, Oklahoma 73125-3552.
(i) If In addition to the NMSN, if when the custodial person is ordered to provide medical support for the minor child(ren) and is not complying with the order, CSED may either:
(1) enforces enforce the medical support order under Section 139.1 of Title 43, or Section 566 of Title 21 of the Oklahoma Statutes; or
(2) seeks seek a modification of the order under 340:25-5-198.2.
INSTRUCTIONS TO STAFF
1.TRICARE.
(1) Registration for TRICARE is required through the Defense Enrollment Eligibility Reporting System (DEERS).Active-duty and retired servicemembers are automatically registered in DEERS, but additional action is required to enroll eligible dependents.
(2) Federal Case Registry (FCR) data is sent to the Defense Manpower Data Center (DMDC) for matching.DMDC matches the FCR participants with its records and indicates which children are eligible and enrolled for TRICARE.DMDC then sends the health benefits matching information to states.
(3) The Oklahoma Support Information System (OSIS) reports that present data received from the DMDC matches are available through Document Direct of the Report Distribution System and include:
(A) CY909R01, The Child is Currently Enrolled in Medical Coverage;
(B) CY909R02, A Child is Eligible Based on the CP or NCP/PF (Noncustodial Parent/Putative Father) Current Medical Coverage, But is Not Enrolled; and
(C) CY909R03, A Child was Previously Enrolled But Not Currently Enrolled and Neither a CP Nor NCP/PF is Enrolled.
(4) Child support staff:
(A) updates OSIS medical support case information based on the information provided in the OSIS reports; and
(B) sends the custodial person the MEDTRI letter on OSIS to advise of the availability of TRICARE and provide enrollment instructions.
2.Examples of cases in which review of the order would result in an enforceable medical support order include:
(1) a parent can obtain health insurance coverage or alternative health coverage for the child(ren) at no additional cost;
(2) a parent can obtain private health insurance coverage at reasonable cost; and
(3) the child support order can be modified to an amount that considers the premium cost.After modification of the order, the total amount of child support for all orders owed by the noncustodial parent plus the premium cost does not exceed limitations of the Consumer Credit Protection Act.
3.The Child Support Enforcement Division (CSED) attempts to contact the employer by telephone to determine compliance if the National Medical Support Notice (NMSN) is not returned within 20 business days after the date of the NMSN.
4.CSED attempts to contact the insurer by telephone to determine compliance if the NMSN is not returned within 40 business days after the date of the NMSN.
