PROPOSED RULES
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
Original Notice.
Preproposal statement of inquiry was filed as WSR 04-07-062.
Title of Rule and Other Identifying Information: The
DSHS Division of Child Support (DCS) is amending WAC 388-14A-1020 (definitions section), 388-14A-4100, and other
related sections and adopts new rules as well. Amending WAC 388-14A-1020 What definitions apply to the rules regarding
child support enforcement?, 388-14A-4040 DCS can serve some
collection actions by electronic service, 388-14A-4100 How
does ((Can)) the division of child support ((make me)) enforce
my obligation to provide health insurance for my children?,
388-14A-4110 If my support order requires me to provide health
insurance for my children, what do I have to do?, 388-14A-4120
DCS ((serves a)) uses the national medical support notice ((of
enrollment)) to enforce an obligation to provide health
insurance coverage, and 388-14A-4130 What must ((an employer
or union who receives a notice of enrollment do)) a plan
administrator do after receiving a national medical support
notice from the division of child support?; and new sections
WAC 388-14A-4121 Can a Washington employer assume that every
national medical support notice that the employer receives is
from the division of child support?, 388-14A-4122 What kind of
information is included in the national medical support
notice?, 388-14A-4123 What can happen if the employer fails to
comply with the terms of the national medical support notice?,
388-14A-4124 Who are the parties involved with the national
medical support notice?, 388-14A-4125 What must an employer do
after receiving a national medical support notice?,
388-14A-4126 What kind of help is available for an employer or
plan administrator who has questions about the national
medical support notice?, 388-14A-4135 What must the plan
administrator do when the noncustodial parent has health
insurance but the children are not included in the coverage?,
388-14A-4140 What must the plan administrator do when the
noncustodial parent is eligible for health insurance but is
not yet enrolled?, 388-14A-4143 What must the plan
administrator do when the employer provides health insurance
but the noncustodial parent is not yet eligible for coverage?,
388-14A-4145 What must the plan administrator do when the
insurance plan in which the noncustodial parent is enrolled
does not provide coverage which is accessible to the
children?, 388-14A-4150 What must the plan administrator do
when the noncustodial parent has more than one family?,
388-14A-4160 Are there any limits on the amount a noncustodial
parent may be required to pay for health insurance premiums?,
388-14A-4165 What happens when a noncustodial parent does not
earn enough to pay child support plus the health insurance
premium?, 388-14A-4170 How long does a national medical
support notice or other notice of enrollment remain in
effect?, and 388-14A-4175 Is an employer obligated to notify
the division of child support when insurance coverage for the
children ends?
These rules describe how the DCS enforces medical child support obligations using a federal form called the national medical support notice (NMSN).
DCS has adopted emergency rules under WSR 04-07-057, effective March 22, 2004, so that we could start using the NMSN as soon as possible. We expect to file a second emergency rule in July 2004, to remain in effect until the rule-making order is filed on the regular rule-making process.
Hearing Location(s): Blake Office Park East (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA, on August 10, 2004, at 10:00 a.m.
Date of Intended Adoption: Not earlier than August 11, 2004.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery 4500 10th Avenue S.E., Lacey, WA, e-mail fernaax@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m., August 10, 2004.
Assistance for Persons with Disabilities: Contact Fred Swenson, DSHS Rules Consultant, by August 6, 2004, TTY (360) 664-6178 or (360) 664-6097.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The federal government has created a new national medical support notice and has required state child support enforcement agencies to use the notice when enforcing medical support obligations. See above for a list of existing rules amended in this proposal.
Reasons Supporting Proposal: Implementing a federal requirement.
Statutory Authority for Adoption: RCW 74.08.090 and 74.20A.310.
Statute Being Implemented: RCW 26.18.170, 42 U.S.C. 666(a)(19), Child Support Performance and Incentives Act of 1998, 45 C.F.R. 303.31 and 303.32.
Rule is necessary because of federal law, 42 U.S.C. 666(a)(19), Child Support Performance and Incentives Act of 1998, 45 C.F.R. 303.31 and 303.32.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The Division of Child Support (DCS) is adopting or incorporating w/o material change federal statutes or regulations.
Name of Proponent: Department of Social and Health Services, Economic Services Administration, Division of Child Support, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Nancy Koptur, DCS HQ, P.O. Box 9162, Olympia, WA 98507-9162, (360) 664-5065.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 19.85.061 and 19.85.025, this rule is exempt from the requirement to file a small business economic impact statement because we are adopting or incorporating w/o material change federal statutes or regulations.
A cost-benefit analysis is not required under RCW 34.05.328. The rule does meet the definition of a significant legislative rule but DSHS/DCS is exempt from preparing further analysis under RCW 34.05.328 (5)(b)(iii), rules that adopt or incorporate federal statutes or rules without material change.
June 21, 2004
Jim Schnellman
for Brian H. Lindgren, Manager
Rules and Policies Assistance Unit
Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 04-14 issue of the Register.