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REVIEW AND MODIFICATION
2016 NCSEA CONFERENCE
Presented by Denise Drake
and Kari Fisk
FEDERAL/STATE REGULATIONS
STATE STATUTES
R&M Federal Regulations
Title 45 Code of Federal Regulations (CFR) Public Welfare
§303.8 Review and Adjustment of Child Support Orders www.ecfr.gov.
R&M State Regulations
Title 466 Nebraska Administrative Code (NAC) 8-000
http://dhhs.ne.gov/Pages/reg_t466.aspx
R&M State Statutes
§43-512.12 - §43-512.17
http://nebraskalegislature.gov/laws/browse-chapters.php?chapter=43
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BASIC POINTS
A party to the court order may request an application
for review and possible modification.
A request for review of a Nebraska order can be
completed by sending a request in writing or calling the
Customer Service Call Center, a local CSE Office or the
Central CSE Office.
Any CHARTS user can send a R&M packet for a Nebraska
Court Order by using Document Path 6073.
BASIC POINTS
Child Support orders are eligible for possible modification if there is not a provision for health care coverage in the order, or health care coverage is available to either party and child(ren) do not have health care coverage other than through Medicaid.
NOTE: Medical Support Only modifications are done by a County Attorney/Authorized Attorney (CA/AA), not the Central R&M Unit.
All parties will be provided with the results of the review, and/or the results of the modification.
When an R&M case has been transferred to the CA/AA for possible modification, the CSE R&M Unit will send the “Case Transfer Notice” to both parties advising them that the R&M case has been transferred.
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TIMEFRAMES
Within 180 calendar days of receiving a completed/signed
application for a review or location of the non-requesting
party, whichever is later, CSE will:
Conduct a review of the order and modify the order; or
Determine that the order should not be modified.
TIMEFRAMES
Upon the request of either the CP or the NCP, or in an agency-initiated
review, CSE Central Office (CO) will decide within 15 calendar days if a
review should be conducted.
After Review Findings are issued, either party may request reconsideration
within 30 calendar days.
If it is determined the order should be modified, the CA/AA must file a
petition for modification within 15 calendar days of receipt of a referral.
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TIMEFRAMES
After issuance of an order or a determination has been
made that a modification will not be pursued, within 14
calendar days all parties must be sent a copy of the
order, or notification that the order will not be
modified.
An order may be reviewed after one year, if CSE CO’s
previous review was not referred because the financial
circumstances had not lasted three months and were
not reasonably expected to last for an additional six
months.
RIGHT TO REQUEST REVIEW
NOTICE CSE will provide a notice at least once every three years
to all parties with Nebraska IV-D Child Support orders of
their right to request a review for modification.
Ran on the 3rd Saturday of each month.
Generation of this notice is documented in Event Log
and in the Court Case Folder/Party Tab.
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R&M and Enforcement
License Suspension (LS)
NCP may file a motion or application to modify. This
action will stay the LS process until there is a disposition
on the R&M.
CSE Worker should stay the LS to allow time for NCP to
return the packet to the Central R&M Unit.
If the license has already been suspended PRIOR to the
R&M request, the license will not be complied, however
the CSE worker cannot continue to the next tier in the LS
process.
R&M does not stop any other enforcement action such
as IW, tax offset, etc.
Types of Reviews
ARP
A party to the CS order may request an application for review
Agency
CSE is required by Federal Regs to review orders at least once
every 3 years when there is an assignment under ADC/TANF
and/or IV-E Foster Care
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ARP-Packet Process
Call Center or any Caseworker can complete the 6073
path to request an R&M packet (white packet).
Central Print option is a batch process. CHARTS
prequalifies the case and may deny R&M (ex. not a NE
order, youngest child over 18, no current support). Packet
is mailed from CSE CO the next day.
Local Print option allows workers to print and mail packet
from their office. No criteria is checked until received by
CO R&M worker.
Requestor can complete the online application
https://dhhs-rmnpa.ne.gov/RMNPAApp/
Either party can email documentation to
[email protected] or fax to (402) 742-8371.
Agency Packet Process
CHARTS pulls agency cases on first weekend of month.
Cases are pulled when the order is three years old in
the previous month and there was an assignment for
ADC/TANF or IV-E Foster Care during that month and is
ongoing.
CSE CO mails packets and builds the R&M file.
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Agency R&M Process
CP (Requestor) has 35 days to return the agency packet
(beige). CP sanctioned if not returned.
If CP closes PA prior to Review Findings, they are given the
option to continue with the R&M (R&M Agency Notice of
Continuation Letter)
After 35 days, the Notice of Intent to Review (NOI-
Green packet) is sent to the NCP, and they have 35 days
to return the packet.
ARP R&M Process
Once packet received in CSE CO, R&M case built and file
assigned to R&M Worker.
CO R&M worker reviews case to determine if it meets
criteria as listed in 466 NAC 8-002 and 466 NAC 8-002.01.
If case meets criteria, packet reviewed for completeness.
Additional information letter may be sent.
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ARP R&M Process
If packet complete and meets criteria, NOI sent to Non-
Requestor.
Employment Verification Letter (EVL) and Postmaster
Letter (PML) sent as needed.
Non-Requestor has 35 days to return NOI packet and
documentation.
Review Findings (Agency &
ARP)
35 days after NOI sent to Non-Requestor, R&M staff do
the Review Findings and send letter with results.
If both parties return information, a guideline calculation
will be ran, and the letter will state whether findings are
“Increased”, “Decreased”, “No Change” or “Reviewed,
Not Referred (RVNR)”. Health Insurance is also reviewed.
If one party does not return information, findings will be
“Presumed”.
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RVNR
Reasons for a finding of RVNR:
NCP is receiving Unemployment Insurance Benefits at the
time of the review findings
Financial circumstances have not lasted 3 months or
expected to last 6 months. Used when circumstances
change during the R&M process.
No Change
Finding of No Change may happen when the Guideline
Calculation shows less than a 10% change (or at least
$25)
These cases are still transferred to the CA/AA to review
for 2nd families or other circumstances.
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Presumed
If Presumed, Regulations state:
if CP does not return financial information, there is a
presumed 10% decrease in MSO.
If NCP does not return financial information, there is a
presumed 10% increase in MSO.
No guideline calculation is sent with Presumed Findings.
The party not returning the information is sent another
NOI to complete.
Reconsideration
Both parties have the right to a Reconsideration. They have 30 days from the date of the Review Findings to send a letter and documentation supporting why they feel there was an error. A second R&M worker will review the file to determine if error was made.
At the end of the Reconsideration period, if the packet is returned on a presumed case, then a Reconsideration Findings letter with a guideline calculation will be sent to the parties and the case is transferred to the CA/AA.
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R&M Case Transfer
The case will be transferred to the CA/AA,
unless the findings were RVNR. CA/AA R&M
worker will receive an informational tickler
(will be automated with March 2017 release).
If presumed findings, a Test Calculation is ran
based on any financial information that was
returned through an EVL or State Employment
Wage (SEW). The Test Calculation is for the
CA/AA only, it is not sent to the parties.
Case Transfer letter sent to both parties.
R&M file sent to CA/AA.
R&M Imaging
CA/AA R&M Worker can begin reviewing documentation
by associating to CSE case, then associate to Event Log.
Select CP/NCP ARP IDs, CSE Case, and Court case
Select Business areas of R&M and Establishment
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CA/AA Responsibility
CHARTS adds Caseworker’s name to R&M
folder/Caseworker tab when referral is sent.
Within 15 days of receiving referral, CA/AA must file
application for modification or deny modification.
Complete Order Modified or Order Not Modified path in
R&M Folder, Case Progression Tab.
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TICKLERS
Informational Tickers sent to the assigned R&M worker
at case transfer and to remind them of timeframes.
Ticklers sent on Day 90, 130 and 160.
Action tickler sent on day 180 reminding R&M worker
that the R&M timeframe has been met. Modification
status must be updated on Modification Screen.
Send Order Modified/Not Modified Click Edit Button, then double click either “Send Copy
of Modified Order” or “Send Order Not Modified,”
Green Arrow Forward.
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Send Order Modified/Not
Modified
Green Arrow Forward
If Order Not Modified
Click Edit button and select reason order not modified.
If “Other”, text box will open. Save and Green arrow
forward to complete the path and print letters.
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If Order Modified
Click Edit button and complete the fields below. Use
Date order signed in Modification Order Date Field.
Save and Green arrow forward to complete the path
and print letters.
SELF-ASSESSMENT
Case reviews are completed to satisfy federal
requirement to meet case processing standards.
R&M standard efficiency rate for completing cases
within 180 calendar days is 75%.
CSE needs to meet the 75% efficiency rate by
September 30th each federal fiscal year.
If not met, CSE has to enter into a corrective action
plan.
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*QUESTIONS*
Thanks for Attending the 2016 NCSEA
R &
Training Session!