7 AAC 100.042 - Medical support cooperation

Current through December 2, 2021

(a) Except as otherwise provided in this section, an applicant for Medicaid who is 18 years of age or older and who is a parent, or who can legally assign rights to medical support for a child in the applicant's care, must cooperate with the child support services agency of the Department of Revenue in accordance with this section. This subsection also applies to an adult who is a Medicaid recipient under any APA-related Medicaid eligibility category identified in 7 AAC 100.002(b), (d), or (e) and who is applying for Medicaid on behalf of that recipient's own child or a child for whom the recipient is a guardian.
(b) For the purpose of determining Medicaid eligibility under this chapter, the following individuals are not required to cooperate with the child support services agency:
(1) a pregnant woman who is applying only for herself through the end of her postpartum period under 7 AAC 100.304;
(2) an applicant who is under 21 years of age and is applying for medical assistance only for the applicant, regardless of the applicant's living arrangement;
(3) an applicant who is under 18 years of age who is applying on behalf of the applicant's own child;
(4) an applicant who is applying on behalf of a child who is an American Indian, Alaska Native, or other beneficiary of health care services from the United States Department of Health and Human Services, Indian Health Service, or from a tribal organization funded in whole or in part by the Indian Health Service, if those services are reasonably available;
(5) a custodial parent who is applying on behalf of a child who is already covered under either the custodial or noncustodial parent's third-party health insurance;
(6) a caretaker relative who cannot legally assign rights to payment for medical care for a child in the caretaker relative's care for whom the caretaker relative is applying;
(7) an individual for whom the department has found, under 7 AAC 100.044, good cause for refusal to cooperate with the child support services agency.
(c) For the purpose of determining Medicaid eligibility under this chapter, cooperation with the child support services agency is not required in the following circumstances where there is no noncustodial parent:
(1) both parents are living in the home;
(2) only one parent legally adopted the child;
(3) one parent is deceased;
(4) a child is in the protective custody or supervision of the department.
(d) An applicant or recipient cooperates with the child support services agency by
(1) helping the child support services agency establish the paternity of each child for whom the individual can legally assign rights;
(2) helping the child support services agency identify and locate the non-custodial parent of each child included in the household;
(3) helping the child support services agency obtain medical support or medical support payments for each child in the household for whom it may be available;
(4) completing and signing the child support services agency's child support information form;
(5) appearing in person at a child support services agency office or in court and providing information under penalty of perjury or unsworn falsification; and
(6) paying to the state any medical support payments received that are covered by the assignment of rights.
(e) A noncustodial or other parent who is legally obligated to provide medical support through private insurance or any other means may not satisfy that obligation by enrolling the parent's child in Medicaid. A noncustodial or other parent under this subsection must repay the state for the cost of Medicaid provided to the parent's child that should have been provided under a medical support order.
(f) If an individual is applying for Medicaid only and is not also applying for or receiving cash assistance under AS 47.27, that individual may withdraw from cash support enforcement by the child support services agency. An applicant or recipient may not withdraw from medical support enforcement except for good cause under 7 AAC 100.044.

Notes

7 AAC 100.042
Eff. 7/20/2007, Register 183

Authority:AS 47.05.010

AS 47.07.025

AS 47.07.040

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