WSR 04-13-139

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed June 22, 2004, 3:13 p.m. ]

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.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office