Section 144-332-2-7 - COOPERATION IN OBTAINING MEDICAL SUPPORT FROM THE NON-CUSTODIAL PARENT AND ESTABLISHING PATERNITYSection 7.1:Who Must ComplyCertain individuals must cooperate in obtaining medical benefits from the non-custodial parent of a dependent child (See Part 3) and in establishing paternity. If the individual can show that good cause for not cooperating exists, no referral will be made.
These individuals are parents or caretaker relatives applying on behalf of themselves and their children unless the assistance unit is being covered under Transitional Medicaid.
This provision does not apply to individuals who are pregnant, individuals covered under Transitional Medicaid, individuals enrolled only in the Medicare Savings Program, Maine Rx, DEL, or HIPO. An individual who does not comply with this requirement is not eligible for Medicaid. It is the parent or other specified relative applying on behalf of the child under age 18 who is not eligible, not the child.
Section 7.2:Child Support RequirementsI. Identify and help locate those parents of a dependent child for whom Medicaid is requested.II. Cooperation includes responding to requests for information from DSER and appearing as a witness at a judicial or other hearing or proceeding.Section 7.3:NoncomplianceI. If an individual who is required to do so fails to comply with these provisions, Medicaid is denied or terminated.II. When an individual is not eligible for Medicaid because they do not cooperate with DSER the individual is counted in the assistance unit and the individual's income and assets (when applicable) are used to determine eligibility for the assistance unit.III. SSI-Related Only - When a stepparent must be sanctioned, the stepparent's income will be considered as if the stepparent chose to be excluded from the assistance unit. The assets owned solely by the stepparent are not considered available to the assistance unit. The stepparent is not considered a member of the assistance unit when determining eligibility under the appropriate Federal Poverty Level.IV. SSI-Related Only - When a specified relative other than a parent or stepparent must be sanctioned, the specified relative's income and assets (when applicable) are considered in the same manner as a sanctioned parent's income and assets are considered. However, such a sanctioned caretaker relative may choose to be excluded from the assistance unit. An individual may request good cause (See Section 8 of this part) for noncompliance with obtaining medical support and establishing paternity.
10-144 C.M.R. ch. 332, § 2-7