Administrative Rule Review Report  #AR10-058

Legislative Service Office

24-Aug-10

AGENCY: Department of Family Services.

DATE SUBMITTED: August 16, 2010.

SUBJECT: Chapter 2, Definitions; and Chapter 4, General Services.

NATURE OF RULES:                        Legislative and procedural.

STATUTORY AUTHORITY:            W.S. 42-2-103(b)(xiv), 42-3-102.

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date.  Notice of the proposed adoption of new rules was provided by the LSO as required by W.S. 28-9-103(d). No comments have been received to date.

SUMMARY OF RULES:  The Department of Family Services, Child Support Enforcement Division, provides for the enforcement of child support in connection with public assistance programs.  These rule amendments are to implement changes made by the 2010 Legislature  concerning child support and medical insurance.  (SF8 / SEA4 / Ch. 12).

The statutory amendments:  require that one or both parents provide insurance coverage for their children if insurance can be obtained at a reasonable cost and the benefits under the policy are accessible to the children; requires that both parents be liable for cash medical support for any medical expenses not covered by insurance; and provides definitions for "accessible," "cash medical support" and "reasonable cost."

The rule amendments implement the statutory changes by adding the statutory definitions and requiring, when a child support order is established or reviewed, a determination of the cost and accessibility of medical insurance for the supported child(ren) and any additionally required cash medical support.

FINDINGS:  The rules appear to be within the scope of statutory authority and legislative intent.

STAFF RECOMMENDATION:  That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.

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Gerald W. Laska

Staff Attorney

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David K. Gruver

Assistant Director

GWL/