Final Rule: Medical Support Enforcement 1988

ACTION TRANSMITTAL

OCSE-AT-89-04

DATE: March 30, 1989

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

SUBJECT: Medical Support Enforcement

ATTACHMENT: Attached is a notice regarding a final rule on medical support enforcement.

This final rule was effective on September 16, 1988 (54 FR 36014), except for the information collection requirements in §306.51(b)(3) and (b)(5) which were pending OMB approval. OMB approved these information collection requirements on December 20, 1988 under OMB control number 0970-0070. This notice is to inform the public that the provisions of §306.51(b)(3) and (b)(5) are now in effect.

EFFECTIVE DATE: March 10, 1989.

REGULATION REFERENCE: 45 CFR 306.51.

RELATED REFERENCE: OCSE-AT-88-15, dated September 26, 1988.

INQUIRIES TO: OCSE Regional Representatives.

Robert C. Harris
Associate Deputy Director

Federal Register / Vol. 54, No. 46 / Friday. March 10, 1989 Rules and Regulations 10147

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of Child Support and Enforcement

45 CFR Part 306

AGENCY: Family Support Administration, Office of Child Support Enforcement (OCSE). Program: OCSE-Medical Support Enforcement.

ACTION: Rule-related notice to the public of approved provisions.

SUMMARY: Final rule for medical support enforcement was effective When published in the Federal Register on September 16, 1988 (53 FR 36014), except for the information collection requirements in §306.51 (b)(3) and (b)(5) which were pending OMB approval. OMB approved these information collection requirements on December 20, 1988 under OMB control number 0970-0070. This notice informs the public that the provisions of §306.51 (b)(3) and (b)(5) are now in effect.

EFFECTIVE DATE: March 10, 1989.

FOR FURTHER INFORMATION CONTACT: Andrew J. Hagen, Policy Branch, OCSE, (202) 252-5375.

SUPPLEMENTARY INFORMATION: The medical support enforcement final rule, published on September 16, 1988 (53 FR 36014), included information collection requirements in §306.51 (b)(3) and (b)(5). The final rule document specified that the effective date for the final rule has the September 16, 1988 publication date, except for the provisions of §306.51 (b)(3) and (b)(5), which were pending OMB approval.

The final rule at 45 CFR 306.51 (b)(3) requires all State IV-D agencies to develop written criteria to identify cases not included under paragraph (b)(1) and (b)(2) with a high potential for obtaining medical support based on evidence that health insurance may be available to the absent parent at a reasonable cost and facts, as defined by State law, regulation, procedure or other directive, which are sufficient to warrant modification of the existing support order to include health insurance coverage for a dependent child(ren).

The final rule at 45 CFR 306.51(b)(5) requires IV-D agencies to provide the custodial parent with health insurance policy information when the absent parent secures coverage for the dependent child(ren). This includes any information available to the IV-D agency about the health insurance policy which would permit a claim to be filed, or, in the case of HMO's and PPO's, services to be provided.

OMB approved the information collection requirements in §306.51 (b)(3) and (b)(5) on December 20, 1988. The OMB control

number is 0970-0070. We are informing the public that the provisions of §306.5? (b)(3) and (b)(5) are now in effect.

Dated: February 28, 1989.

Wayne A. Stanton,
Director, Office of Child Support Enforcement.

[FR Doc. 89-5282 Filed 3-9-89; 8:45 am]

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