511           CHILD SUPPORT COOPERATION

An APAAdult Public Assistance-related Medicaid applicant or recipient may apply for Medicaid on behalf of a child.  Most adults applying for Medicaid on behalf of a child must cooperate with the Child Support Enforcement Division (CSED) and their effort to secure medical support for the child.  Cooperation in child support services activities means the individual helps CSEDChild Support Enforcement Division :

1. Establish the paternity of each child for whom the individual can legally assign rights;
   
   
2. Identify and locate the absent parent of each child included in the household; and
   
   
3. Obtain medical support or medical support payments for each child in the household.

CSEDChild Support Enforcement Division is required by federal law to obtain a court or administrative order for medical support from any absent (or "obligor") parent who has available health insurance or other financial resources.  An obligor parent may not satisfy this requirement by enrolling the child in Medicaid category.  The obligor parent is required to repay the state for the cost Medicaid provided to the child that should have been provided under the medical support order (e.g., dependent care coverage under the obligor parent’s health insurance).  

511 A.      WHO IS REQUIRED TO COOPERATE

Generally, any individual age 18 or older who is a parent or who can legally assign rights to medical support for a child in their care and who is requesting or receiving Medicaid or Denali KidCare benefits for that child is required to cooperate with the CSEDChild Support Enforcement Division.  This includes an adult who is an APAAdult Public Assistance-related Medicaid recipient applying for Medicaid on behalf of the adult’s own child or a child for whom the adult is the specified relative.  

511 B.      WHO IS NOT REQUIRED TO COOPERATE

For the purpose of determining Medicaid eligibility, the following individuals are not required to complete the CSEDChild Support Enforcement Division 1603 or otherwise cooperate with CSEDChild Support Enforcement Division :

1. A pregnant woman through the end of her 60-day postpartum period;
   
   
2. An applicant who is under the age of 21 and is applying for medical assistance only for him or herself, regardless of the applicant’s living arrangement;
   
   
3. An applicant who is under the age of 18 who is applying on behalf of his or her own child;
   
   
4. An applicant who is applying on behalf of a child who is a beneficiary of Indian Health Service (IHSIndian Health Service) funded Native health services and those services are reasonably available.  In Alaska, IHSIndian Health Service services are reasonably available to almost all IHSIndian Health Service beneficiaries;
   
   
5. A custodial parent who is applying on behalf of a child who is already covered under either the custodial or non-custodial parent’s third-party health insurance; or
   
   
6. A specified relative who cannot legally assign rights to benefits for a child in their care for whom they are applying;

Cooperation is also not required in the following circumstances where, for practical purposes, there is no ”absent parent”:

• Either natural or adoptive parents are living in the home;
  
  
• In a single-parent adoption case and the adoptive parent is living in the home;
  
  
• When the absent parent is deceased; or
  
  

• When a child is in the protective custody of the Office of Children’s Services (OCSOffice of Children's Services).    OCSOffice of Children's Services cooperates directly with CSEDChild Support Enforcement Division for children in state custody.

In the event of these circumstances, the caseworker should not complete the Absent Parent Identification (APID) and related screens on EISEligibility Information System .  This prevents an unnecessary referral to CSEDChild Support Enforcement Division .

511 C.      HOW AN INDIVIDUAL COOPERATES WITH CSEDChild Support Enforcement Division

An individual cooperates with CSEDChild Support Enforcement Division by:

1. Completing and signing the CSEDChild Support Enforcement Division 1603, ”Child Support Information” form;
    

2. Appearing at a CSEDChild Support Enforcement Division office to provide information or evidence relevant to the case;
    

3. Appearing as a witness in a court or other proceeding;
    
4. Providing information or attesting to lack of information under penalty of perjury or unsworn falsification;
    
5. Paying to the state any medical support payments received that are covered by the assignment of rights; and
    
6. Taking any other reasonable steps to assist in establishing paternity and securing medical support and payments.

511 D.      WITHDRAWAL FROM CASH SUPPORT ENFORCEMENT

An applicant or recipient of a Medicaid-only case may elect to withdraw from cash support enforcement.    CSEDChild Support Enforcement Division will not pursue cash support enforcement if the applicant or recipient has checked the ”no” box on Page 3 of the CSEDChild Support Enforcement Division 1603a form indicating that they do not want to pursue cash support.  In this situation, CSEDChild Support Enforcement Division will pursue a medical support order only.  

CSEDChild Support Enforcement Division will establish a cash support order on Medicaid-only cases, unless the applicant or recipient elects to withdraw from cash support enforcement.  Once a cash support order is established, the absent parent’s legal obligation to support his or her child begins.  The cash support order will identify the amount of cash support the child is due.

511 E.      PENALTY FOR FAILURE TO COOPERATE

An individual who is required to cooperate with CSEDChild Support Enforcement Division, but who fails to do so without good cause, is ineligible for Medicaid.  To stop Medicaid benefits from going out on an APAAdult Public Assistance case, the eligibility worker will code the ineligible Medicaid individual ”OU” on the SEPASetup Participations screen and then authorize the APAAdult Public Assistance benefits. The eligibility worker will then initialize the case into the next month.  The Medicaid issuance job will not issue the Medicaid benefit and EISEligibility Information System will not allow a field issuance. Should that individual want Medicaid benefits in the future, cooperation is required.  

An APAAdult Public Assistance-related Medicaid case of a non cooperating parent must be denied, or closed with adverse action.

Exception:  

An SSISupplemental Security Income recipient will remain Medicaid eligible.  Once the SSISupplemental Security Income ends, the eligibility worker will take action to close the stand-alone Medicaid case.

Refer to MAGI MS 812 for more information about child support cooperation and good cause claims.