Family and Children's Medicaid MA-3365 CHILD SUPPORT
VII. PENALTY FOR FAILURE TO COOPERATE
A. Do not include a caretaker who is ineligible due to non-cooperation with IV-D in any Medicaid assistance unit except MPW.
B. If a caretaker who is under a sanction due to non cooperation reapplies for Medicaid, determine his eligibility based upon the current circumstances.
1. The sanction continues to apply, and the caretaker must cooperate with IV-D (see II.B. for exceptions) when:
a. The child(ren) has ongoing coverage, meets the criteria in II.A., and the caretaker applies for ongoing coverage for herself, or
b. The child(ren) has ongoing coverage, meets the criteria in II.A., and the caretaker applies for retroactive coverage for herself. The sanction may have been imposed from a retroactive period.
c. The child(ren) from the case to which the existing sanction applies are no longer receiving but the caretaker is applying for herself and another child.
2. The sanction does not apply and no IV-D referral is required where:
a. The child(ren) does not have ongoing coverage and the caretaker applies for ongoing coverage for herself.
b. The child(ren) does not have ongoing coverage and the caretaker applies for retroactive coverage for herself.
C. If the parent of the child is a minor receiving assistance as a child, failure to cooperate with IV-D in seeking medical support or medical support payments will result in the ineligibility of the minor parent’s caretaker, not the minor parent.
REISSUED 11/01/11 – CHANGE NO. 15-11
EXAMPLE 1: Ms. Chatham is receiving M-AF with her 16 year old daughter Mary. Mary has a baby. Mary is referred to IV-D to establish paternity and obtain medical support or medical support payments. If IV-D reports non-cooperation, and the IMC does not establish good cause, take action to remove Ms. Chatham from the case. Mary would continue to be eligible for assistance as a child.
EXAMPLE 2: Ms. Warren, a 17 year old mother, applies for Medicaid for her child and herself as caretaker. She lives with her mother and has income budgeted to her from her mother. If IV-D reports non-cooperation, and the IMC does not establish good cause, take action to remove Ms. Warren from the case because she is receiving as a caretaker. The child would continue to be eligible for assistance. Delete income budgeted to the minor parent from his or her parent.
D. If the caretaker is the only individual in the a.u., notification from IV-D of failure to cooperate will result in termination of assistance.
Exception: Do not apply the penalty for non-cooperation to pregnant women during the 60-day postpartum period.