WSR 05-08-060

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

(Division of Child Support)

[ Filed March 31, 2005, 8:34 a.m. , effective May 1, 2005 ]


Purpose: 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 rule 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 Division of Child Support (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. Adopting new 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?

Statutory Authority for Adoption: RCW 74.20A.310.

Other Authority: 45 C.F.R. 303.32, 45 C.F.R. 303.30, 45 C.F.R. 303.31.

Adopted under notice filed as WSR 05-05-082 on February 15, 2005.

Changes Other than Editing from Proposed to Adopted Version: Changed text in WAC 388-14A-4180(3) as follows:

(3) DCS must periodically communicate with MAA ((regarding)) to determine if there have been any lapses (stops and starts) in the NCP's health insurance coverage for Medicaid applicants.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 2, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 2, Amended 0, Repealed 0.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: March 25, 2005.

Andy Fernando, Manager

Rules and Policies Assistance Unit

3474.4
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 to determine if there have been 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