|
Effective: September 1, 2009 |
|
|
16.10.05ar2 - Pregnant Women and Newborns (Archive) |
Archived: June 1, 2011 |
A pregnant woman is not required to cooperate with medical support enforcement for the child she is expecting or for any of her children during her pregnancy or during the postpartum period .
Note: Pregnant women must still assign their rights and cooperate with other sources of third party liability. See Third Party Liability and Cooperation.
Make a medical support referral at the end of the postpartum period for children born to a woman on Medical Assistance (MA) or MinnesotaCare, unless the woman asks to be referred sooner or paternity has been established and the child's father is in the home.
Example:
Marissa is three months pregnant and applies for MinnesotaCare. She does not wish to be referred to the IV-D agency at the time of application. Her son Leo is born on June 16. There is no Recognition of Parentage (ROP) or other establishment of paternity. Marissa must cooperate in establishing Leo's paternity as a condition of her own eligibility unless she shows good cause for not cooperating.
Action:
Mail the referral forms to Marissa at the end of the postpartum period (August 31). Allow 30 days for her to return the forms. Send a referral to IV-D upon receipt of the completed referral forms. If she has not returned the forms at the end of the 30 days, send a referral to IV-D and include any information that is available. IV-D will determine if she is cooperating.
Example:
Sylvia applies for MA when she is six months pregnant. Her daughter Fern is born February 2. Fern’s father does not live with Sylvia and Fern, but he and Sylvia did sign a ROP in the hospital. There is no order for medical support. Sylvia must cooperate with efforts to establish medical support for Fern as a condition of her own eligibility unless she shows good cause.
Action:
Mail the referral forms to Sylvia at the end of the postpartum period, which is May 1. Sylvia must return the forms within 30 days. Send a referral to IV-D upon receipt of the completed referral forms. If Sylvia has not returned the forms by June 1, send a referral to IV-D and include any information that is available. IV-D will determine if she is cooperating.
Example:
Joanne and Lee are not married, but both live with their one-month-old son, Milo. They signed a ROP in the hospital. They apply for MinnesotaCare and are approved for coverage as one household.
Action:
No referral is necessary because they signed the ROP.
Note: If Joanne and Lee had not signed a ROP, a referral would be needed at the end of the postpartum period. In this case, note on the referral that Lee has verbally acknowledged paternity and his income will be counted toward Joanne and Milo's MinnesotaCare eligibility and premium amount.
For any child other than the newborn, offer the pregnant woman the opportunity to begin working with the IV-D agency as soon as she applies if she indicates on the application that she wants help getting medical support or cash child support. Refer her to the IV-D agency in her county of residence if she wishes to begin working with IV-D. Do not require her to cooperate with IV-D until the end of the postpartum period if she does not wish to do so.
Do not automatically close a medical support referral that is already open for the child of a woman who becomes pregnant. The pregnant woman may choose whether or not to cooperate with the referral. However, she will not close if she does not cooperate. Reevaluate cooperation at the end of her postpartum period.
Example:
Glenda receives MA for herself and her two children and has an active medical support case. She notifies her MA worker that she is pregnant. She does not wish to be referred to IV-D for her unborn child. The IV-D worker notifies the MA worker that Glenda did not cooperate with obtaining medical support for her other two children.
Action:
Because Glenda is pregnant, do not require her to cooperate with medical support enforcement for any of the children. She remains eligible for MA.
Note: At the end of the postpartum period, she must cooperate with IV-D in pursuing medical support for the newborn as well as the older children. She is not eligible for MA, MinnesotaCare, or GAMC if she fails to cooperate without good cause. The children remain eligible.
For further information, see:
When to Refer for Medical Support.