16923607, 12E-1.0052 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 16923607

Notice of Proposed Rule

Department:

DEPARTMENT OF REVENUE

Division:

Child Support Program

Chapter:

CHILD SUPPORT PROGRAM

Overview

RULE:

12E-1.0052	Unidentifiable Payments
12E-1.029	Financial Institution Data Matches
12E-1.031	Noncovered Medical Expenses
12E-1.036	Administrative Establishment of Paternity and Support Obligations

PURPOSE:

The purpose and effect of amending Rule 12E-1.0052 F.A.C. (Unidentifiable Collections), is to clarify the current payment processing procedures associated with unidentifiable collections that become program income when all efforts to disburse to the intended recipient have failed and to align the rule with the current process used by the Department for unidentifiable collections.
	The purpose and effect of amending Rule 12E-1.029, F.A.C. (Financial Institution Data Matches), is to replace the Memorandum of Agreement form CS-EF100 with the Financial Institution Date Match Election form, CS-EF133, as a form incorporated by reference to ensure the public has the most current information regarding forms used within the rule.
	The purpose and effect of creating proposed Rule 12E-1.031, F.A.C. (Noncovered Medical Expenses), is to inform the public how the Department determines and collects noncovered medical expenses. It provides the public with the steps the Department uses when it seeks to determine and collect noncovered medical expenses, outlines the rights of the parties subject to the action, and provides the most current forms used within the rule.
The purpose and effect of creating proposed Rule 12E-1.036, F.A.C. (Administrative Establishment of Paternity and Support Obligations), is to inform the public how the Department establishes administrative paternity and support orders. It provides the public with the steps used by the Department when it seeks to administratively establish an order regarding paternity, or paternity and child support obligations, outlines the criteria used in determining eligibility, and provides the forms used within the rule.

SUMMARY:

The proposed amendment to Rule 12E-1.0052, F.A.C., substantially rewords the rule which establishes a method for determining a support collection to be unidentifiable. The rule provides for retrieving unidentifiable collections once the collection becomes identified and establishes how the Department processes payment return requests. The proposed amendment to Rule 12E-1.029, F.A.C., replaces the Memorandum of Agreement form CS-EF100 with the Financial Institution Date Match Election form, CS-EF133, as a form incorporated by reference. Rule 12E-1.031, F.A.C., establishes criteria the Department uses to determine and collect noncovered medical expenses, explains how an obligee may request these services, and details required documentation the Department must have to collect noncovered medical expenses. The rule also states the Department sends the Notice of Proceeding to Establish the Amount Owed for Medical Expenses Not Covered by Insurance form CS-EF210, along with the actions the Department will take if the Notice is uncontested or contested. Rule 12E-1.036, F.A.C., establishes the criteria for the Department’s administrative establishment of paternity and support order process. The rule informs the parties of their rights under the proceeding along with the actions required of them to establish an administrative order of paternity and support. If the action is not successfully contested and the case is not eligible for support, the Department renders a Final Order of Paternity, CS-OP50. If the case is eligible for support and the alleged father does not successfully contest the Department’s actions, the Department renders a Final Administrative Paternity and Support Order, CS-OA40.

RULEMAKING AUTHORITY:

409.2557(3)(j), 409.2558(4), 409.2558(9), 409.256(17), 409.25657(6), and 409.2557(3)(p), 409.25635(9) F.S.

LAW:

409.256, 409.2558(4), 409.25635, and 409.25657, F.S.

PRINT PUBLISH DATE:

12/22/2015 Vol. 41/246

COMMENTS:

From 12/22/2015 To 1/12/2016 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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