(a) The wage garnishment order. The wage garnishment order that we send to your employer will contain only the information necessary for the employer to comply with the order. This information includes:
(1) Your name, address, and social security number,
(2) The amount of the debt,
(3) Information about the amount to be withheld, and
(4) Information about where to send the withheld amount.
(b) Electronic record of the garnishment order. We will keep an electronic record of the garnishment order that shows the date we mailed the order to your employer.
(c) Employer certification. Along with the garnishment order, we will send your employer a certification form to complete about your employment status and the amount of your disposable pay available for withholding. Your employer must complete the certification and return it to us within 20 days of receipt.
(d) Amounts to be withheld from your disposable pay. After receipt of the garnishment order issued under this section, your employer must begin withholding from your disposable pay each payday the lesser of:
(1) The amount indicated on the order (up to 15% of your disposable pay); or
(2) The amount by which your disposable pay exceeds thirty times the minimum wage as provided in 15 U.S.C. 1673(a)(2).
(e) Multiple withholding orders. If your disposable pay is subject to more than one withholding order, we apply the following rules to determine the amount that your employer will withhold from your disposable pay:
(1) Unless otherwise provided by Federal law or paragraph (e)(2) of this section, a garnishment order issued under this section has priority over other withholding orders served later in time.
(2) Withholding orders for family support have priority over garnishment orders issued under this section.
(3) If at the time we issue a garnishment order to your employer amounts are already being withheld from your pay under another withholding order, or if a withholding order for family support is served on your employer at any time, the amounts to be withheld under this section will be the lesser of:
(i) The amount calculated under paragraph (d) of this section; or
(ii) The amount calculated by subtracting the amount(s) withheld under the withholding order(s) with priority from 25% of your disposable pay.
(4) If you owe more than one debt to us, we may issue multiple garnishment orders. If we issue more than one garnishment order, the total amount to be withheld from your disposable pay under such orders will not exceed the amount set forth in paragraph (d) or (e)(3) of this section, as appropriate.
(f) You may request that your employer withhold more. If you request in writing that your employer withhold more than the amount determined under paragraphs (d) or (e) of this section, we will order your employer to withhold the amount that you request.
Notes of Decisions
St. Joseph's Hosp. Health Ctr. v. Blue Cross of Cent. New York, Inc., 489 F. Supp. 1052 (N.D.N.Y. 1979).
· cites it 9× “435 (c) satisfies each of these criteria, the regulation under attack does not contravene the Trade Secrets Act, and the final section of this opinion shall be devoted to plaintiffs argument that the Secretary’s disclosure regulation is “arbitrary, capricious, [and] an abuse of…”
Parkridge Hosp., Inc. v. Califano, 625 F.2d 719 (6th Cir. 1980).
· cites it 8× “They deal with somewhat complicated problems concerning HEW Regulation 20 C.F.R. § 422.435 (1979), which allows public disclosure of a financial report, called a Provider Cost Report, which is required to be filed by Medicare providers operating under financial reimbursement…”
Westchester Gen. Hosp., Inc. v. Dep't of Health Educ. & Welfare, 434 F. Supp. 435 (M.D. Fla. 1977).
· cites it 7× “As a fiscal intermediary of HEW, Blue Cross has the authority to disclose plaintiff’s Cost Report only by virtue of 20 C.F.R. § 422.435 , a regulation promulgated by the Secretary which requires disclosure of Medicare cost reports upon written request.”
St. Mary's Hosp., Inc. v. Califano, 462 F. Supp. 315 (S.D. Fla. 1978).
· cites it 6× “Defendants have notified plaintiff of these requests and that the cost reports in question will be furnished pursuant to 20 C.F.R. § 422.435 . That regulation provides: The following shall be made available to the public under the conditions specified.”
Cna Fin. Corp. v. Raymond J. Donovan, Sec'y of Labor, 830 F.2d 1132 (D.C. Cir. 1987).
“The Department of Health & Human Services (HHS) promulgated a public access regulation, 20 C.F.R. § 422.435 (1985), which several courts upheld as effective to sanction disclosure for purposes of the Trade Secrets Act.”
Brookwood Med. Ctr., Inc. v. Califano, 470 F. Supp. 1247 (N.D. Ga. 1979).
· cites it 4× “The Secretary informed the plaintiffs that the requested portions of the cost reports would be released pursuant to 20 C.F.R. § 422.435 . The plaintiffs filed this action to enjoin disclosure by H.”
Westchester Gen. Hosp. v. DEPT. OF HEALTH, ETC., 464 F. Supp. 236 (M.D. Fla. 1979).
· cites it 17× “The Secretary has promulgated a regulation, 20 C.F.R. § 422.435 (c), requiring, "upon a request in writing," that "cost reports submitted by providers of services" be made available to the public.”
Cedars Nursing & Convalescent Ctr., Inc. v. Aetna Life & Cas. Ins., 472 F. Supp. 296 (E.D. Pa. 1979).
· cites it 2× “The government contends that the disclosure of the information here involved is authorized by law by virtue of regulations promulgated by the Secretary of HEW and codified at 20 C.F.R. § 422.435 . Chrysler held that a regulation has the force of law if it satisfies three…”
Humana of Virginia, Inc. v. Blue Cross of Virginia, 622 F.2d 76 (4th Cir. 1980).
· cites it 7× “20 C.F.R. § 422.435 . 2 After plaintiffs were notified by Blue Cross that it intended to comply with a request for their cost reports by a third person, they filed this action to enjoin disclosure.”
Parkridge Hosp., Inc. v. Blue Cross & Blue Shield of Tennessee, 430 F. Supp. 1093 (E.D. Tenn. 1977).
“The plaintiff further contends that the HEW regulation ( 20 C.F.R. § 422.435 ) purporting to require disclosure of the subject Provider Cost Report is invalid in that it was promulgated in violation of statutory authority, including provisions of the Administrative Procedure Act…”
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