WSR 05-03-094

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed January 18, 2005, 12:42 p.m. , effective January 18, 2005 ]


Purpose: 45 C.F.R. 303.32(a) lists program requirements for serving and enforcing medical support obligations under Title IV-D of the Social Security Act: The state must have a law requiring the IV-D agency to send a national medical support notice to an employer within two days of entry of the noncustodial parent into the state directory of new hires, and there are communication requirements with the Title XIX agency (medical assistance). The federal Office of Child Support Enforcement will only recommend continued approval of Washington's state plan upon the adoption of such requirements. At the same time we are filing this emergency rule, the DSHS Division of Child Support (DCS) is pursuing the regular rule-making process on this subject and expects to file the CR-102 Proposed rule-making notice by the end of January 2005.

Statutory Authority for Adoption: RCW 74.20A.310.

Other Authority: 45 C.F.R. 303.32 (a), (c)(2); 45 C.F.R. 303.31 (a)(6) and (a)(8).

Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

Reasons for this Finding: 45 C.F.R. 303.32(a) lists the required state laws for a valid state plan under Title IV-D of the Social Security Act; the state must have rules requiring the IV-D agency to send a national medical support notice to an employer within two days of entry of the noncustodial parent into the state directory of new hires, and the state must periodically communicate with the state's Title XIX agency regarding medical support enforcement. The federal Office of Child Support Enforcement will only recommend approval of Washington's state plan upon the adoption of such requirements.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 2, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 2, Amended 0, Repealed 0.

Date Adopted: January 12, 2005.

Andy Fernando, Manager

Rules and Policies Assistance Unit

3474.2
NEW SECTION
WAC 388-14A-4119   How soon after a noncustodial parent is listed in the state directory of new hires must the division of child support send a national medical support notice to the employer?   The division of child support (DCS) must send a national medical support notice (NMSN) to the employer of a noncustodial parent (NCP) within two business days of the date the NCP's information is entered into the state directory of new hires (SDNH).

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NEW SECTION
WAC 388-14A-4180   When must the division of child support communicate with the DSHS medical assistance administration?   (1) The division of child support (DCS) must inform the DSHS medical assistance administration (MAA) of the existence of a new or modified court or administrative order for child support when the order includes a requirement for medical support. MAA is the part of DSHS which provides services for the state of Washington under Title XIX of the federal Social Security Act.

(2) DCS must provide MAA with the following information:

(a) Title IV-A case number, Title IV-E foster care case number, Medicaid number or the individual's Social Security Number;

(b) Name of the noncustodial parent (NCP);

(c) Social Security Number of the NCP;

(d) Name and Social Security Number of the child(ren) named in the order;

(e) Home address of the NCP;

(f) Name and address of the NCP's employer;

(g) Information regarding the NCP's health insurance policy; and

(h) Whether the child(ren) named in the order are covered by the policy.

(3) DCS must periodically communicate with MAA if there have been lapses (stops and starts) in health insurance coverage for Medicaid applicants.

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Washington State Code Reviser's Office