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Chapter: 1400 Technical Requirements Program: MFAM 22 Medical institutions (for example, hospitals, nursing homes and intermediate care facilities), or a publicly operated community residence that serves no more than 16 residents or certain child care institutions are not considered public institutions.

Residents of a state mental hospital who are age 65 or older may be eligible for Medicaid.

Exception: Children who are under 18 years of age and are placed in an IMD under the Statewide Inpatient Psychiatric Waiver Program (SIPP) remain eligible for Medicaid and their coverage must not be suspended.

1430.1600 ASSIGNMENT OF RIGHTS FOR TPL (MFAM) This section discusses the requirement for assigning to the state any right to any third party payment (TPP) for medical care. 1430.1601 Assignment of Rights to TPP (MFAM) Individuals must assign to the state their right to any third party payment for medical care.

When a child resides with a nonrelative, the child's parent, caretaker relative, or the designated official of the facility must cooperate with the state in obtaining third party payments. They must assign to the state, when legally able, the rights of the child to any third party payments.

Third party payments include but are not limited to the following:

1. Insurance policies, 2. Court ordered medical support, and 3. Irrevocable trusts which provide for medical expenses (under Florida law this assignment is automatic when receiving Medicaid, and the individual's signature on the application acknowledges the assignment). 1430.1602 Identification of Third Party Liability (MFAM) Individuals must cooperate in identifying all potential third parties who may be liable to pay for their care. An individual who refuses to cooperate is ineligible for assistance unless the individual has good cause not to cooperate. Inability to provide the requested information does not constitute refusal to cooperate. If good cause does not exist, the needs of the individual must be removed from the SFU; however, the individual's income must be considered. This individual continues to be entitled to the earned income disregards, if otherwise eligible.

Good cause includes situations in which the individual claims that the revealing of third party sources would result in physical or emotional harm to the individual. Cases involving good cause should be referred through the Region or Circuit Program Office to Headquarters for clearance. 1430.1700 CHILD SUPPORT COOPERATION (MFAM) Under state and federal law, the state must take action to locate non-custodial parents, establish paternity, and secure all child support, medical support, or other benefits for children receiving Medicaid.

Applicants for and recipients of Medicaid (including relative caregivers and caretaker relatives) must cooperate with Child Support Enforcement (CSE) as a condition of eligibility; unless it is determined that good cause for non-cooperation with CSE exists.