Ill. Admin. Code tit. 89, § 112.54 - Assignment of Medical Support Rights
a) Rights to Support
1) As a condition of eligibility for medical
assistance under the TANF program, each applicant or recipient by operation of
State law, automatically assigns to the Department any rights to support which
the applicant or recipient may have. This assignment gives the Department the
right to collect support money directly from the absent parent in order to be
reimbursed for assistance given to the dependent children.
2) This right includes support money paid in
the applicant/ recipient own behalf, such as alimony, and money paid in behalf
of any other family member for whom assistance is requested, such as child
support.
b) As a
condition of eligibility for medical assistance under the TANF program each
legally able applicant and recipient must cooperate (see 89 Ill. Adm. Code
120.320(b))
with the Department in obtaining medical support or payments. ("Legally able"
means the applicant/recipient has the legal authority to execute an assignment
of medical support rights.) This includes support or payments for the
applicant/recipient and/or for any person for whom the applicant/recipient
receives medical assistance.
c)
Refusal/Failure to Cooperate
1) If the
applicant/recipient refuses to cooperate with the Department in obtaining
medical support or payments, he/she is ineligible for medical assistance and
will be removed from the assistance unit for medical assistance.
(Non-cooperation is failure/refusal to comply with the requirements of 89 Ill.
Adm. Code 120.320(b).)
However, the applicant/recipient remains eligible for TANF cash
benefits.
2) Cooperation in
obtaining medical support and/or payments includes enrolling dependents for no
cost dependent health insurance coverage.
3) If the applicant/recipient fails/refuses
to cooperate in obtaining medical support/payments or sign up for no cost
medical insurance, he/she is ineligible for medical assistance as long as
he/she continues to fail/refuse to cooperate. If the applicant/recipient later
wishes to receive medical assistance then he/she must cooperate by complying
with the requirements (see 89 Ill. Adm. Code
120.320(b))
that he/she previously failed/refused to meet.
4) An applicant/recipient can appeal the
Department's determination that he/she refused to cooperate in obtaining
medical support/payments or that he/she refused to sign up for no cost medical
insurance. Such appeal shall be in accordance with 89 Ill. Adm. Code 14:
Subpart A.
d) The
Department will provide or continue to provide medical assistance to any
applicant or recipient who is not legally able to cooperate in securing medical
support, and would otherwise be eligible for medical assistance but for the
refusal by a person legally able to cooperate.
Notes
Amended at 29 Ill. Reg. 8161, effective May 18, 2005
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