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COMAR 10.09.24.01-.16 1737 State of Maryland Medical Assistance Manual Revised July 2012

reimbursement. The authorization extends to all information relevant to third-party reimbursement or third-party health care coverage.

(2) The local department of social services shall take reasonable measures to identify and report to the Department on a form designated by the Department all possible third-party benefits available to persons determined eligible for Medical Assistance.

(3) The Department shall collect available benefits from third parties determined liable to pay for services received under Medical Assistance.

(4) A person who receives medical services that were or will be paid for by the Program is deemed to have made assignment to the Department of:

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Page 137

Official source

COMAR 10.09.24.01-.16 1737 State of Maryland Medical Assistance Manual Revised July 2012

reimbursement. The authorization extends to all information relevant to third-party reimbursement or third-party health care coverage.

(2) The local department of social services shall take reasonable measures to identify and report to the Department on a form designated by the Department all possible third-party benefits available to persons determined eligible for Medical Assistance.

(3) The Department shall collect available benefits from third parties determined liable to pay for services received under Medical Assistance.

(4) A person who receives medical services that were or will be paid for by the Program is deemed to have made assignment to the Department of:

(a)His own rights to any medical care support available…#

(a) His own rights to any medical care support available under an order of a court or an administrative agency, and any third-party payments for medical care; and

(b)The rights of any other individual eligible under the…#

(b) The rights of any other individual eligible under the plan, for whom he can legally make an assignment.

(5) Assignment of rights to benefits does not include assignment of rights to Medicare benefits. (6) An applicant or recipient of Medical Assistance shall cooperate in: (a) Establishing paternity for a child born out of wedlock for whom he can legally assign rights; and

(b) Obtaining medical care support and payments for himself and any other individual for whom he can legally assign rights.

(7) Waiver.

(a) The Department shall waive the requirements in §G(6) of this regulation if the Department, through the local department of social services, determines that the individual has good cause for refusing to cooperate.

(b) With respect to establishing support paternity of a child born out of wedlock or obtaining medical care and payments for a child for whom the individual can legally assign rights, the Department, through the local department of social services, shall find that cooperation is against the best interests of the child if it is reasonably anticipated that cooperation will result in:

(i)Physical harm to the child for whom support is to be…#

(i) Physical harm to the child for whom support is to be sought;

(ii)Emotional harm to the child for whom support is to be…#

(ii) Emotional harm to the child for whom support is to be sought;