Cooperation - Child Support 510-03-40-15

(Revised 1/18/2023 ML #3698)

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

 

 

Cooperation with Child Support is required for all other legally responsible caretaker relatives for the purpose of establishing paternity and securing medical support, with the following exceptions:

1. Pregnant women are not required to cooperate with Child Support and may remain eligible for Medicaid while pregnant and through the twelve-month post-partum period. 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. Caretaker relatives under age 19 who are within a continuous eligibility period are not required to cooperate with Child Support and remain eligible for Medicaid.

4. Parent/Caretaker relatives of subsidized adoption children are exempt from cooperation.

5. Parent/Caretaker relatives of deprived children are exempt from cooperation if they are not requesting Medicaid for themselves.

6. Caretaker relatives of deprived children where all the children in the household are eligible to receive services through Indian Health Services (IHS).

7. Caretaker relatives who have a pending or approved “good cause” claim.

 

The requirement may be waived for good cause as described in 510-03-40-20.

 

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 are required to but do not cooperate with Child Support will not be eligible for Medicaid. Children in the Medicaid Household, however, remain eligible.

 

With the implementation of the Affordable Care Act, the request for information regarding an absent parent cannot be made prior to the Medicaid eligibility determination. Therefore, upon authorization of eligibility for a legally responsible caretaker relative who is required to cooperate with child support, a ‘Request for Absent Parent Information’ form will be sent to the caretaker. The caretaker will have 10 days to complete and return the form to the Eligibility Worker.

• If the caretaker does NOT return the completed form within 10 days, the Child Support Division automatically deems the caretaker to be non-cooperating and the caretaker’s eligibility for Medicaid ended due to this non-cooperation. A 10-day Advance Notice is required.
• If the caretaker returns the completed form, the Eligibility Worker MUST enter the information provided by the caretaker immediately, but no later than 25 days from the date the form was mailed to the caretaker.

Note: The form must be filed in the casefile and MUST NOT be mailed to the Regional Child Support Office.

Twenty-five (25) days from the date the form was mailed to the recipient, information for the case will be sent to the Child Support Agency. Until the electronic interface with CSEA is implemented, the CSEA will offer services to Medicaid families who are interested in receiving services and who are likely to cooperate.

 

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

 

Should the caretaker return the form at a later date, the CSEA automatically deems the caretaker to be cooperating and the caretaker’s eligibility can be restored effective the first day of the month in which the form was returned.

 

When 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.