AT-01-02, Final Rule on the National Medical Support Notice

U. S. Department of Health and Human Services
Administration for Children & Families
Office of Child Support Enforcement

ACTION TRANSMITTAL

OCSE-AT-01-02

DATE: January 8, 2001

TO: STATE AGENCIES ADMINISTERING CHILD SUPPORT ENFORCEMENT PLANS UNDER TITLE IV-D OF THE SOCIAL SECURITY ACT AND OTHER INTERESTED PARTIES

SUBJECT: Final rule on the National Medical Support Notice

ATTACHMENT: Attached is a final rule published in the Federal Register on December 27, 2000 (65 FR 82154) which implements provisions of the Child Support Performance and Incentives Act of 1988 (CSPIA), Public Law 105-200. These provisions require State child support enforcement agencies, under title IV-D of the Social Security Act (the Act), to enforce the health care coverage provision in a child support order, and to use the National Medical Support Notice (NMSN) to aid enforcement. Also attached is a parallel final rule (65 FR 82128) developed by the Department of Labor (DOL) under 609(a) of the Employee Retirement Income Security Act of 1974 (ERISA) 29 U.S.C. 1169(a). The NMSN itself is attached to both final rules.

REGULATION REFERENCE: 45 CFR 303.32 and DOL 29 CFR 2590

EFFECTIVE DATE: This regulation is effective January 26, 2001, 30 days after publication in the Federal Register. States must begin using the NMSN October 1, 2001, or, if later, the effective date of State laws requiring the use of the NMSN. Such State laws must be effective no later than the close of the first day of the first calendar quarter that begins after the close of the first regular session of the State legislature that begins after October 1, 2001. For States with 2-year legislative sessions, each year of such session would be regarded as a separate regular session.

INQUIRIES: Regional Administrators

/s/

Frank Fuentes
Deputy Commissioner and
Acting Operating Head
Office of Child Support Enforcement

45 CFR Part 303, National Medical Support Notice (620KB adobe acrobat)

29 CFR Part 2590, Pension and Welfare Benefits Administration (704KB adobe acrobat)