WSR 05-05-082

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

(Division of Child Support)

[ Filed February 15, 2005, 3:47 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-19-129.

Title of Rule and Other Identifying Information: New sections 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? and 388-14A-4180 When must the division of child support communicate with the DSHS medical assistance administration?

Hearing Location(s): Blake Office Park East (behind Goodyear Courtesy Tire), Rose Room, 4500 10th Avenue S.E., Lacey, WA, on March 22, 2005, at 10:00 a.m.

Date of Intended Adoption: Not earlier than March 23, 2005.

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., March 22, 2005.

Assistance for Persons with Disabilities: Contact Fred Swenson, DSHS Rules Consultant, by March 18, 2005, TTY (360) 664-6178 or (360) 664-6097.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: 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; 45 C.F.R. 303.32 (c)(2) provides that 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. 45 C.F.R. 303.30 lists the requirements for DCS to provide information regarding child support orders with medical support obligations, and health insurance coverage information, to the Title XIX agency, which is the DSHS Medical Assistance Administration. Additionally, 45 C.F.R. 303.31 requires the IV-D agency to communicate with the Title XIX agency. The department is authorized under RCW 74.20A.310 to adopt child support rules as may become necessary to entitle the state to participate in federal funds, unless such rules would be expressly prohibited by law.

Statutory Authority for Adoption: RCW 74.20A.310.

Statute Being Implemented: 45 C.F.R. 303.32, 45 C.F.R. 303.30, 45 C.F.R. 303.31.

Rule is necessary because of federal law, 45 C.F.R. 303.32, 45 C.F.R. 303.30, 45 C.F.R. 303.31.

Name of Proponent: Department of Social and Health Services, 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. This rule does not have an economic impact on small businesses. It only affects individuals who have support obligations or individuals who are owed child support.

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)(vii).

February 8, 2005

Andy Fernando, Manager

Rules and Policies Assistance Unit

3474.3
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 regarding any lapses (stops and starts) in the NCP's health insurance coverage for Medicaid applicants.

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Washington State Code Reviser's Office