Page 255

UPDATED: JUNE 2010

682

OTHER ELIGIBILITY REQUIREMENTS RECOVERIES

CONFINEMENT AND PREGNANCY RELATED EXPENSES

When the father is not married to the mother his liability for the child’s expenses is evaluated in the same manner as explained in (1) through (3).

References: LCM 04 OMM/LCM-4

GIS 08 MA/031

Interpretation: The following chart summarizes the legal relationship of the father to the mother and the time period for which the father's income is considered.

Marital status: Expenses of: When ability to pay measured: Married Mother Time of Birth Married Child Time of Birth Unwed Mother Time of Hearing Unwed Child Time of Birth

NOTE: This chart only deals with the recovery of Medicaid furnished for the mother’s confinement expenses and the child’s birth related expenses paid for the child before the child leaves the hospital. Regardless of marital status, there is legal authority to pursue an order of medical support prospectively against the absent father of a child receiving Medicaid. Documentation: When an eligibility worker refers a case to the CSEU for reasons that include recovery of confinement or pregnancy related expenses, the referral includes documentation of such expenses in a format that is acceptable as evidence to the court. When testimony is needed to establish liability for, or the amount of, confinement costs, the local district arranges for qualified staff to testify regarding the Medicaid expense records. These Medicaid expense records are not needed to establish paternity or pursue prospective medical support.

MRG