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Delay of Effective Date for the Final Rule on the National Medical Support Notice

AT-01-03

Published: January 30, 2001
Information About:
Employers, State/Local Child Support Agencies
Topics:
Case Management, Medical Support, Employer Responsibilities, National Medical Support Notice
Types:
Policy, Action Transmittals (AT), Regulations

ACTION TRANSMITTAL

OCSE-AT-01-03

DATE: January 30, 2001

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

SUBJECT: Delay of effective date for the final rule on the National Medical Support Notice

ATTACHMENT: Attached is a notice of delay of effective date published in the Federal Register on January 26, 2001 (66 FR 8074). The notice delays the effective date for 60 days, until March 27, 2001, of the final rule for the National Medical Support Notice (NMSN) that was published December 27, 2000. The delay will allow Department officials the opportunity for further review and consideration of new regulations.

The final rule, published December 27, 2000 (65 FR 82154), implemented provisions of the Child Support Performance and Incentives Act of 1998 (CSPIA), Public Law 105-200. These provisions require State child support enforcement agencies, under title IV-D of the Social Security Act, to enforce the health care coverage provision in a child support order, and to use the NMSN to aid enforcement. The Department of Labor (DOL) published a similar notice January 26, 2001 (66 FR 8075), of a 60-day delay of the effective date of their final rule also published December 27, 2000 (65 FR 82128).

REGULATION REFERENCE: 45 CFR 303.32 and DOL 29 CFR 2590

EFFECTIVE DATE: The new effective date for the NMSN regulation is March 27, 2001.

INQUIRIES: Regional Administrators

 

Frank Fuentes
Acting Commissioner
Office of Child Support Enforcement


 

BILLING CODE: 4184-01

DEPARTMENT OF HEALTH AND HUMAN SERVICES

ADMINISTRATION FOR CHILDREN AND FAMILIES

45 CFR 303

RIN: 0970-AB97

National Medical Support Notice; Delay of Effective Date

AGENCY: Office of Child Support Enforcement

ACTION: Final Rule; Delay of Effective Date.

SUMMARY: In accordance with the memorandum of January 20, 2001, from the Assistant to the President and Chief of Staff, entitled "Regulatory Review Plan," published in the Federal Register on January 24, 2001, this action temporarily delays for 60 days the effective date of the rule entitled "National Medical Support Notice", published in the Federal Register on December 27, 2000 (65 FR 82153). That rule concerns a statutory obligation that the Secretary of Health and Human Services require in regulation that state child-support enforcement agencies use a standard form -- entitled the National Medical Support Notice -- to notify employers of the terms of a non-custodial parent's obligations regarding health insurance coverage under a child support agreement. To the extent that 5 U.S.C. section 553 applies to this action, it is exempt from notice and comment because it constitutes a rule of procedure under 5 U.S.C. section 553(b)(A). Alternatively, the Department's implementation of this rule without opportunity for public comment, effective immediately upon publication today in the Federal Register, is based on the good cause exceptions in 5 U.S.C. section 553(b)(B) and 553(d)(3), in that seeking public comment is impracticable, unnecessary and contrary to the public interest. The temporary 60-day delay in effective date is necessary to give Department officials the opportunity for further review and consideration of new regulations, consistent with the Assistant to the President's memorandum of January 20, 2001. Given the imminence of the effective date, seeking prior public comment on this temporary delay would have been impractical, as well as contrary to the public interest in the orderly promulgation and implementation of regulations. In addition, allowing the rule to become effective before the temporary suspension date could create confusion among State agencies, employees, and Plan administrators regarding the qualified status of National Medical Support Notices that may be issued by some states before and during the suspension period.

DATES: The effective date of National Medical Support Notice, published in the Federal Register on December 27 (FR 65 82153) is delayed for 60 days, from January 26, 2001 to a new effective date of March 27, 2001.

FOR FURTHER INFORMATION CONTACT: Elizabeth Matheson, Office of Child Support Enforcement Policy, (202) 410-9386

Dated: January 25, 2001

 

____________________

David E. Satcher M.D., Ph. D.
Acting Secretary