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(b) The department shall deny or terminate medical assistance to applicants or recipients who refuse to assign the individual's own rights or the rights of any other family member for whom the applicant or recipient can legally make an assignment.

(c) The department shall provide assistance to individuals who: (1) Cannot legally assign the individual's own

rights or the rights of other family members; (2) Have good cause for refusing to cooperate;

and (3) Would otherwise be eligible for assistance

but for the refusal by a person legally able to make the assignment or to cooperate.

(d) Any individual denied or terminated for medical assistance as a result of refusal to assign the individual's rights shall have the right to a fair hearing. [Eff 08/01/94 ] (Auth: HRS §346-14) (Imp: 42 C.F.R. §433.148)

§§17-1705-11 to 17-1705-15 (Reserved).

SUBCHAPTER 3

ASSIGNMENT OF AND COOPERATION IN OBTAINING MEDICAL SUPPORT

§17-1705-16 Purpose. The purpose of this subchapter is to establish the requirements for applicants and recipients of medical assistance. Applicants and recipients shall: (1) Assign their rights to medical support; and (2) Cooperate in obtaining medical support. [Eff 08/01/94 ] (Auth: HRS §346-14) (Imp: HRS §346-37.1; 42 C.F.R. §§433.146, 433.147; 45 C.F.R. §§232.11, 232.12)

§17-1705-17 Assignment of rights to support. (a) All individuals shall assign to the state any rights the individuals may have to receive medical support payments on the individual's own behalf or on behalf of