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Effective: December 1, 2006 |
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16.10.05ar1 - Pregnant Women and Newborns (Archive) |
Archived: September 1, 2009 |
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.
For children born to a woman on Medical Assistance (MA) or MinnesotaCare, make the referral 60 days after the child's birth unless the woman asks to be referred sooner.
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.
Action:
Make a referral in August. Effective September 1 (or 30 days after the referral forms are mailed to Marissa, whichever is later), Marissa must cooperate in establishing Leo's paternity as a condition of her own eligibility unless she shows good cause.
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.
Action:
Make a referral in April. Effective May 1, Sylvia must cooperate with efforts to establish medical support for Fern as a condition of her own eligibility unless she shows good cause.
Example:
Joanne and Lee are unmarried and 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.
Note: If Joanne and Lee had not signed a ROP, you would make a referral when Milo is 60 days old. In this case, you would 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 wishes to begin working with IV-D, refer her to the IV-D agency in her county of residence. If she does not wish to do so, do not require her to cooperate with IV-D until the end of the 60-day postpartum period.
If a medical support referral is already open for the child of a woman who becomes pregnant, do not automatically close it. The pregnant woman may choose whether or not to cooperate with the referral. However, it will not close if she does not cooperate. Reevaluate cooperation at the end of her 60-day 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 failed to appear in court as required to enforce a medical support order 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 60-day postpartum period, she must cooperate with IV-D in pursuing medical support for the newborn as well as the older children. If she fails to cooperate without good cause, she is not eligible for MA, MinnesotaCare, or GAMC. The children remain eligible.
For further information, see:
When to Refer for Medical Support.