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 procedures 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 commencing the regular rule-making process on this subject.

     Statutory Authority for Adoption: RCW 74.20A.310.

     Other Authority: 45 C.F.R. 303.32(a); 45 C.F.R. 303.32 (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 procedures 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 that the state must periodically communicate with the state's Title XIX agency regarding medical support enforcement. Failure to adopt the rule could jeopardize federal Office of Child Support Enforcement approval of, and continued federal funding for, the Washington's state Title IV-D plan.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 2, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 2, Amended 0, Repealed 0.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: September 21, 2004.

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

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     (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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