Part 3.
OFFICE OF THE ATTORNEY GENERAL
Chapter 55.
CHILD SUPPORT ENFORCEMENT
Subchapter A. GENERAL GUIDELINES
1 TAC §55.3, §55.4
The Office of the Attorney General adopts amendments to §55.3
and §55.4, concerning cooperation requirements for persons receiving
public assistance who are referred to the Office of the Attorney General for
child support services, with changes due to grammatic and typographical errors
to the proposed text as published in the November 15, 2002, issue of the
The amended sections address recipients of medical assistance, Temporary
Assistance for Needy Families (TANF), and state-paid TANF, who assume different
cooperative requirements as a condition of eligibility depending on the type
of public assistance received. These amendments are adopted to explain the
different cooperation requirements as mandated by Texas Family Code §231.115,
to comply with Medicaid provisions found at §1912(a)(1) of the federal
Social Security Act, and to incorporate additional clarification as a result
of enactment of Texas Human Resources Code, Title 2, Chapter 34, State Temporary
Assistance and Support Services Program.
No comments have been received regarding adoption of these amendments.
The amended sections are adopted under Texas Family Code §231.002.
The amendments affect Texas Human Resources Code, Title 2, Chapter 34,
State Temporary Assistance and Support Services Program.
§55.3.Cooperation Required for Recipients of Child Support Services.
(a)
Cooperation by Temporary Assistance for Needy Families
(TANF) Program Recipients. All TANF recipients whose assistance is funded
under Title IV, Part A, of the Social Security Act are required to cooperate
with the Title IV-D Agency in performing the required IV-D functions set out
in Texas Family Code, Chapter 231, and other applicable provisions of law,
unless there exists good cause as specified under §55.5 of this subchapter
(relating to Good Cause for Failure to Cooperate).
(1)
Recipients must cooperate in:
(A)
identifying and locating obligors and potential obligors;
(B)
establishing paternity of a child born out of wedlock,
including participating in genetic testing;
(C)
establishing, enforcing, or modifying child support obligations;
(D)
establishing, enforcing, or modifying medical support obligations;
(E)
obtaining support payments for the recipient or a child
for whom the recipient is receiving services;
(F)
obtaining medical support payments for which an obligor
is responsible;
(G)
obtaining any other payments or property due the recipient
or a child for whom the recipient is receiving services;
(H)
providing information on any third party who may be liable
for medical care and services, including, but not limited to:
(i)
the name of the health insurance policy holder;
(ii)
the policy holder's relationship to the recipient and
child;
(iii)
the social security number of the policy holder; and
(iv)
the name and address of the insurance company and policy
number.
(2)
To accomplish the above, a recipient must:
(A)
keep appointments made with the Title IV-D Agency;
(B)
provide verbal or written information, or documentary evidence,
known to, possessed by, or reasonably obtainable by the recipient;
(C)
appear as a witness at judicial or administrative hearings
or proceedings;
(D)
provide information, or attest to the lack of information,
under penalty of perjury;
(E)
pay to the Title IV-D Agency any support payments sent
to the recipient in error;
(F)
pay to the Title IV-D Agency any support payments received
from the obligor after an assignment under 42 USC §608(a)(3) has been
made, including current and past due support payments;
(G)
pay to the Title IV-A Agency any overpayment of TANF resulting
from the receipt of direct support payments, and
(H)
perform any other action required of a recipient by state
and federal law or federal regulations applicable to Title IV-D.
(b)
Cooperation by Medical Assistance-Only Recipients. All
persons referred to the Title IV-D Agency pursuant to 42 USC §654(4),
who are receiving Medical Assistance-Only benefits are entitled to receive
all IV-D services.
(1)
Such persons are required to cooperate with the Title IV-D
Agency in:
(A)
identifying and locating obligors or potential obligors;
(B)
establishing paternity of a child born out of wedlock,
including participating in genetic testing;
(C)
establishing, enforcing, or modifying medical support obligations;
(D)
obtaining medical support payments for which an obligor
is responsible;
(E)
providing information on any third party who may be liable
for medical care and services, including, but not limited to:
(i)
the name of the health insurance policy holder;
(ii)
the policy holder's relationship to the recipient and
child;
(iii)
the social security number of the policy holder; and
(iv)
the name and address of the insurance company and policy
number.
(2)
To accomplish the above, a recipient must:
(A)
keep appointments made with the Title IV-D Agency;
(B)
provide verbal or written information, or documentary evidence,
known to, possessed by, or reasonably obtainable by the recipient;
(C)
appear as a witness at judicial or administrative hearings
or proceedings;
(D)
provide information, or attest to the lack of information,
under penalty of perjury;
(E)
pay to the Title IV-D Agency any support payments sent
to the recipient in error;
(F)
perform any other required IV-D function.
(c)
Cooperation by Former TANF and Former Medical Assistance-Only
Recipients. All former TANF recipients and former Medical Assistance-Only
recipients must continue to cooperate with the Title IV-D Agency as long as
there remain assigned child support and/or assigned medical support arrears
recoverable by the state.
(d)
Cooperation by Applicants for IV-D Services. All persons
who complete an application for IV-D services (where there is no prior assignment
of support rights to the state) must accept all appropriate services provided
by the agency.
(1)
Applicants must cooperate with the agency in:
(A)
identifying and locating obligors and potential obligors;
(B)
establishing paternity of a child born out of wedlock,
including participating in genetic testing;
(C)
establishing, enforcing, or modifying child support obligations;
(D)
establishing, enforcing, or modifying medical support obligations;
(E)
obtaining child support payments;
(F)
obtaining medical support payments;
(G)
obtaining any other payments or property due the recipient
or a child for whom the applicant is receiving services.
(2)
To accomplish the above, an applicant must:
(A)
keep appointments made with the Title IV-D Agency;
(B)
provide verbal or written information, or documentary evidence,
known to, possessed by, or reasonably obtainable by the recipient;
(C)
appear as a witness at judicial or administrative hearings
or proceedings;
(D)
provide information, or attest to the lack of information,
under penalty of perjury;
(E)
pay to the Title IV-D Agency any support payments sent
to the applicant in error;
(F)
perform any other required IV-D function.
§55.4.Determination of Cooperation.
The Title IV-D Agency shall make the determination as to whether an
individual is cooperating as required by §55.3 of this subchapter relating
to Cooperation Required for Recipients of Child Support Services.
(1)
If a recipient of public assistance (TANF or Medical Assistance-Only)
fails to cooperate:
(A)
The Title IV-D Agency must report the determination of
non-cooperation to the Department of Human Services.
(B)
The Department of Human Services must immediately notify
the recipient and impose penalties pursuant to Human Resources Code, §31.0032:
(i)
by reducing the recipient's next grant award if a TANF
recipient, or
(ii)
terminating only the recipient's medical benefits if a
Medical Assistance-Only recipient.
(C)
The recipient may request a hearing to show good cause
for not cooperating not later than the 13th day after receipt of the notice
of non-cooperation issued by the Department of Human Services, in which case,
the procedures in §55.5 of this subchapter (relating to Good Cause for
Failure to Cooperate) apply.
(D)
The penalty for failure to cooperate shall remain until
the recipient complies with the specific IV-D requirement that caused the
penalty. When the Title IV-D Agency determines the recipient is cooperating:
(i)
the Title IV-D Agency shall immediately notify the Department
of Human Services the recipient is cooperating and
(ii)
the Department of Human Services shall lift the penalty.
(2)
If only the child(ren) receives Medical Assistance-Only,
the Title IV-D agency shall notify the individual who fails to cooperate that
IV-D services may be terminated.
(3)
If a person who is a former recipient of public assistance
(TANF or Medical Assistance-Only) fails to cooperate, the Title IV-D Agency
shall notify the person that failure to cooperate may result in termination
of IV-D services.
(4)
If a person who has never been a recipient of public assistance
fails to cooperate, the Title IV-D Agency shall notify the person that failure
to cooperate will result in termination of IV-D services.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of
the Secretary of State on May 12, 2003.
TRD-200302964
Nancy S. Fuller
Assistant Attorney General
Office of the Attorney General
Effective date: June 1, 2003
Proposal publication date: November 15, 2002
For information regarding this publication, please
contact A.G. Younger, Agency Liaison, at (512) 463-2110.
Chapter 355.
MEDICAID REIMBURSEMENT RATES
Subchapter C. REIMBURSEMENT METHODOLOGY FOR NURSING FACILITIES
Part 15.
TEXAS HEALTH AND HUMAN SERVICES COMMISSION