• Assign to Medicaid rights to medical support and to payment for medical care from any third party;
• Cooperate in identifying and providing information to assist in pursuing legally liable third parties, unless excused from the obligation of cooperating with Child Support (see II.B.), and
• Cooperate in establishing paternity and in obtaining medical support or medical support payments unless excused from the obligation of cooperating with Child Support (see II.B.).
When the parent/caretaker is applying for Medicaid for himself, and cooperation with social services and child support agencies is a condition of Medicaid eligibility, the cooperation requirements must be met or good cause for not cooperating (refer to IV. below) must be established. A parent/caretaker who fails to meet the cooperation requirements and fails to establish good cause for not meeting the cooperation requirements is ineligible for Medicaid unless one of the exceptions in II.B. applies.
• Providing information or evidence relevant to an investigation;
• Appearing as a witness at a court or other proceeding;
• Identifying third parties and providing information;
• Taking any other reasonable steps to assist in establishing paternity and securing medical support payments.
By making an application for Medicaid, the adult caretaker assigns his right to any medical support or medical payments from any third party over to the Division of Medical Assistance. This means that any medical payment or medical support as a result of a court order (divorce/separation agreement, legal support order, etc.) will be sent from IV-D to the Third Party Recovery Section of DMA.
REVISED 11/01/11– CHANGE NO.15-11
If cooperation is required, the caretaker must provide information in order to:
NOTE: When referring a case to IV-D in which the mother was married at the time of the child’s birth, but not to the biological father of the child, refer the legal father/husband as the non-custodial parent, noting that the mother has stated that another man is the biological father, and include that name. See EIS 4900, Appendix C for referral process.
The Child Support Enforcement agency determines whether a caretaker has cooperated with this requirement. If the caretaker is otherwise eligible, include him in the a.u. until such time as Child Support Enforcement notifies the dss of non-cooperation.
For questions or clarification on any of the policy contained in these manuals, please contact your local county office.