§ 1396k. Assignment, enforcement, and collection of rights of payments for medical care; establishment of procedures pursuant to State plan; amounts retained by State
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/usc/title-42/section-1396kA research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)For the purpose of assisting in the collection of medical support payments and other payments for medical care owed to recipients of medical assistance under the State plan approved under this subchapter, a State plan for medical assistance shall—
(1)provide that, as a condition of eligibility for medical assistance under the State plan to an individual who has the legal capacity to execute an assignment for himself, the individual is required—
(A)to assign the State any rights, of the individual or of any other person who is eligible for medical assistance under this subchapter and on whose behalf the individual has the legal authority to execute an assignment of such rights, to support (specified as support for the purpose of medical care by a court or administrative order) and to payment for medical care from any third party;
(B)to cooperate with the State
(i)in establishing the paternity of such person (referred to in subparagraph (A)) if the person is a child born out of wedlock, and
(ii)in obtaining support and payments (described in subparagraph (A)) for himself and for such person, unless (in either case) the individual is described in section 1396a(l)(1)(A) of this title or the individual is found to have good cause for refusing to cooperate as determined by the State agency in accordance with standards prescribed by the Secretary, which standards shall take into consideration the best interests of the individuals involved; and
(C)to cooperate with the State in identifying, and providing information to assist the State in pursuing, any third party who may be liable to pay for care and services available under the plan, unless such individual has good cause for refusing to cooperate as determined by the State agency in accordance with standards prescribed by the Secretary, which standards shall take into consideration the best interests of the individuals involved; and
(2)provide for entering into cooperative arrangements (including financial arrangements), with any appropriate agency of any State (including, with respect to the enforcement and collection of rights of payment for medical care by or through a parent, with a State’s agency established or designated under section 654(3) of this title) and with appropriate courts and law enforcement officials, to assist the agency or agencies administering the State plan with respect to
(A)the enforcement and collection of rights to support or payment assigned under this section and
(B)any other matters of common concern.
(b)Such part of any amount collected by the State under an assignment made under the provisions of this section shall be retained by the State as is necessary to reimburse it for medical assistance payments made on behalf of an individual with respect to whom such assignment was executed (with appropriate reimbursement of the Federal Government to the extent of its participation in the financing of such medical assistance), and the remainder of such amount collected shall be paid to such individual.
(Aug. 14, 1935, ch. 531, title XIX, § 1912, as added Pub. L. 95–142, § 11(b), Oct. 25, 1977, 91 Stat. 1196; amended Pub. L. 98–369, div. B, title III, § 2367(b), July 18, 1984, 98 Stat. 1109; Pub. L. 99–272, title IX, § 9503(e), Apr. 7, 1986, 100 Stat. 207; Pub. L. 101–508, title IV, § 4606(a), Nov. 5, 1990, 104 Stat. 1388–170; Pub. L. 113–67, div. A, title II, § 202(b)(2), Dec. 26, 2013, 127 Stat. 1177; Pub. L. 115–123, div. E, title XII, § 53102(b)(1), Feb. 9, 2018, 132 Stat. 298.)
Connections26 cite this · traces to 4
Cited by 26 sections · top 15
U.S. Code
- § 1396aState plans for medical assistance
- § 1396bPayment to States
- § 654State plan for child and spousal support
- § 666Requirement of statutorily prescribed procedures to improve effectiveness of child support enforcement
- § 1396pLiens, adjustments and recoveries, and transfers of assets
- § 1169Additional standards for group health plans
public-private-law
statutes-at-large
- Public Law 99–272To provide for reconciliation pursuant to section 2 of the first concurrent resolution on the budget for fiscal year 1986 (S
- Public Law 95–142To strengthen the capability of the Government to detect, prosecute, and punish fraudulent activities under the medicare and medicaid programs, and for other purposes
- Public Law 98–369To provide for tax reform, and for deficit reduction
- Public Law 113–67
- Public Law 101–508To provide for reconciliation pursuant to section 4 of the concurrent resolution on the budget for fiscal year 1991
statute-compilations
Traces to 4 documents
16 references not yet in our index
- Aug. 14, 1935, ch. 531
- Pub. L. 95–142, § 11(b)
- 91 Stat. 1196
- Pub. L. 98–369, div. B, title III, § 2367(b)
- 98 Stat. 1109
- Pub. L. 99–272, title IX, § 9503(e)
- 100 Stat. 207
- Pub. L. 101–508, title IV, § 4606(a)
- 104 Stat. 1388–170
- 127 Stat. 1177
- 132 Stat. 298
- Pub. L. 101–508
- Pub. L. 99–272
- Pub. L. 98–369
- Pub. L. 101–508, title IV, § 4606(b)
- section 2367(c) of Pub. L. 98–369
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cites case law
§ 1396k
Assignment, enforcement, and collection of rights of payments for medical care; establishment of procedures pursuant to State plan; amounts retained by State
U.S.C.×15
Stat.×7
Stat. Comp.×2
Bills×1
Pub. L.×1
ActAug. 14, 1935, ch. 531
Pub. L.Pub. L. 95–142, § 11(b)
Stat.91 Stat. 1196
Pub. L.Pub. L. 98–369, div. B, title III, § 2367(b)
Stat.98 Stat. 1109
Cites 20 · showing 9Cited by 26 across 5 sources