Cooperation - Child Support 510-05-40-15

(Revised 8/1/05 ML #2981)

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(N.D.A.C. Section 75-02-02.1-09)

 

1. Pregnant women are not required to cooperate with Child Support and may remain eligible for Medicaid while pregnant and through the month in which the sixtieth day after pregnancy falls. A pregnant woman must be informed of this exception at the time of application or, in the case of a recipient, at the time the pregnancy becomes known. When Child Support is informed that an applicant or recipient is pregnant, Child Support services will continue to be provided; however, any non-cooperation by the pregnant woman will not affect her eligibility for Medicaid.
2. Recipients of Extended Medicaid Benefits and Transitional Medicaid Benefits are not required to cooperate with Child Support and remain eligible for Medicaid.
3. Cooperation with Child Support is required for all other legally responsible caretaker relatives (including aged and disabled caretakers) for the purpose of establishing paternity and securing medical support. This requirement may be waived for "good cause" as described in 510-40-20

The determination of whether a legally responsible caretaker relative is cooperating is made by the Child Support Agency. The caretaker has the right to appeal that decision.

 

Legally responsible caretaker relatives who do not cooperate with Child Support will not be eligible for Medicaid. Children in the Medicaid unit, however, remain eligible.

 

When a legally responsible caretaker relative is not eligible because of noncooperation, the earned and unearned income of that ineligible caretaker must be considered in determining eligibility for the child(ren).

 

If a previously non-cooperating legally responsible caretaker relative reapplies for Medicaid after the Medicaid case closed, the caretaker relative is eligible for Medicaid until it is again determined that the caretaker relative is not cooperating.