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CS 148P New Hire Reporting

10/97 Revised 08/03/22 Training Completed 08/17/22 Last Reviewed 03/09/26

45 CFR 303.30; 42 U.S.C. 653; U.C.A. 35A-7-101, 102, 103, 104, 105, 106, 107

State Directory of New Hire (SDNH)

Utah Code Annotated (U.C.A.) 35A-7-104 requires:

“(1) An employer that hires or rehires an employee shall send to the department: (a) the employee's name, address, Social Security number, and date of hire or date of rehire; and (b) the employer's name, address, and federal tax identification number. (2) An employer shall send the information required by this section to the department: (a) not later than 20 days after the date of hire or date of rehire; or (b) if approved by the department, on a semimonthly basis of not less than 12 days nor more than 16 days apart.”

Utilizing SDNH Information

The government agencies that may utilize SDNH information include those that administer the child support services (CSS) program, medical support enforcement, and federal and state benefit eligibility reviews. CSS workers may view and utilize SDNH information. Welfare fraud and unemployment fraud investigation units may also have access to SDNH information.

Requesting SDNH Information

The Department of Workforce Services (DWS) is required under U.C.A. 35A-7-103 to maintain SDNH records, and is therefore the keeper of SDNH records and must protect the records in accordance with the Government Records Access and Management Act (GRAMA). All information received from the SDNH is classified as private (U.C.A. 35A-7-103).

If you receive a request for SDNH data from a IV-D agency in another state and there is a case on ORSIS, you may release the information to the requesting state. Since the information is classified as private, it may not be released based upon an oral request. A requestor must comply with the regulations in GRAMA.

National Directory of New Hires (NDNH)

New hire reporting became effective nationwide on October 1, 1997. To make data available to all IV-D agencies nationwide, SDNH’s transmit new hire information to a computer hub called the National Directory of New Hires (NDNH), which is located within the Federal Location and Collection System (FLCS). All NDNH information is classified as restricted which means access and use of this information is governed by federal statute and regulations rather than GRAMA procedures. NDNH information may be used for the purpose of establishing paternity or securing financial and medical child support in IV-D cases. In addition, NDNH information is provided to the Title XIX Third Party Liability program to require obligated health insurance companies to cover health care costs initially, or reimburse the state for Medicaid costs after the fact (45 CFR 303.30).

NDNH information may be used for the purpose of establishing paternity or securing financial and medical child support in IV-D cases without the need to independently verify the information. The Utah Attorney General’s Office (AGO) represents ORS/CSS in order to establish paternity or secure financial and medical child support. Therefore, the AGO may use NDNH information in court for these purposes.

Reporting New Hire Information

Employers who do business in just one state are required to report new hire information to that state. Pursuant to U.C.A. 35A-7-104(4) an employer with employees employed in two or more states must comply with the multi-state employer reporting requirements contained in 42 U.S.C. 653a(b)(1)(B). Employers doing business in more than one state may report to each of those states separately, or they may select one of those states for new hire reporting purposes, regardless of where the employee/noncustodial parents (NCP) reside or work. In Utah, employers report new hire information to DWS. The information is then matched with CSS cases in ORSIS.

For each hiring occurrence, the employer sends the following information to DWS:

1. Employee’s name;

2. Employee’s Social Security Number (SSN);

3. Employee’s address;

4. Employer’s name;

5. Employer’s (Federal) identification number (EIN) issued by the IRS;

6. Employer’s income withholding (NTW) address; and,

7. Employer’s EIN address (optional).

Information the employee lists on the W-4 form becomes items 1-3. The employee’s address (item 3) will be considered a verified, actionable address for child and medical support enforcement purposes.

SDNH & NDNH Records

SDNH records consist of hiring occurrences by employers in Utah. New hire information received from the NDNH includes ONLY those hiring occurrences in other states where the employee is also an ORSIS NCP in a IV-D case. Both SDNH and NDNH records remain in ORSIS for nine months. Matches are conducted against incoming new hire information. Matches are also conducted against SDNH and NDNH records when:

· A case is opened;

· An existing participant is given a new case relationship; or,

· An SSN is added.