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Families and Children Manual Section: Non-Financial Eligibility Requirements Policy Manual Number: 005.035 Chapter: Cooperation with Child Support Services
Legal Authority: 42 CFR 433.147 1. Policy Statement To be eligible for TennCare Medicaid in the Caretaker Relative category, an individual must agree to cooperate with the state in establishing paternity of a child born out of wedlock and in obtaining medical support and payments for himself or herself and anyone for whom the individual can legally assign rights. Individuals who refuse to agree or fail to demonstrate cooperation with the state will no longer be eligible for TennCare Medicaid, unless the state has granted them good cause for failure to cooperate. 2. Definitions Assignment of Rights: When an applicant or an authorized representative signs an application, he or she agrees to the following: • His or her right to any medical support or payment for medical expenses is assigned or given to the state; • The State may receive reimbursement from any third party for any medical expenditure made by HCFA on the enrollee’s behalf; and • The enrollee is required to return to the state any support or payments for medical expenses he or she received from a third party. Cooperation with the State: The individual is required to provide the state any and all information necessary to establish paternity or obtain medical support or payment, if requested, unless good cause exists, and to attest to lack of information under penalty of perjury per 42 CFR 433.147(b)(3). Medical Support: Medical support is financial support available to an individual for his or her medical expenses. 3. Exemptions from Cooperation Requirements The following are exempt from child support cooperation requirements: • Women eligible in the Pregnant Woman/Pregnancy MAGI category; • A minor parent or caretaker who is eligible in a children’s category;