No. 29418: R527-201. Medical Support Services

DAR File No.: 29418
Filed: 01/16/2007, 09:53
Received by: NL

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:

Under 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 78-45-7.15 contain provisions requiring ORS to establish and enforce medical support orders. In addition, these statutes require that parents provide verification of insurance coverage and notification of medical expenses to the other party, and deal with the issues of responsibility for premium payment and child support credit for medical expenses paid. 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 details 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:

One comment was received during the last five-year review. The commenter was interested in adding a requirement to this rule for ORS to provide an application for Children's Health Insurance Program (CHIP) services if neither party has insurance available through an employer.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule should be continued because 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 78-45-7.15 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 (Temporary Assistance for Needy Families) Medicaid recipients, explains how medical support orders are secured by the agency, details enforcement remedies, and addresses the issue of the medical support obligation of parents who are receiving or have received Medicaid. In response to the comment received: The CHIP program is administered by the Department of Health. An agreement to provide information to clients in behalf of another department can be handled without the formality of rulemaking, and in fact, at the time this comment was received, ORS did provide CHIP information to parents for the Department of Health. This information was provided to the commenter on 09/10/2001, and no follow-up comments or concerns were received.

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:

Liesa Corbridge at the above address, by phone at 801-536-8986, by FAX at 801-536-8833, or by Internet E-mail at [e-mail]

Authorized by:

Mark Brasher, Director