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20-77-109. Medicaid assistance for children — Effect on child support.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-77-109. Medicaid assistance for children — Effect on child support.
(a) By accepting Medicaid assistance for or on behalf of a child, the recipient thereof shall be deemed to have assigned to the Office of Child Support Enforcement and any appropriate division of the Department of Human Services any rights to medical support, and for collection and distribution under Title IV-D of the Social Security Act, any rights to child support from any other person as the recipient may have:
(1) In his or her own behalf or in behalf of any other family member for whom the recipient is receiving assistance; and
(2) Accrued at the time the assistance, or any portion thereof, is accepted.
(b) The recipient shall have the right to revoke the assignment for the collection and distribution of child support by requesting revocation of the assignment in writing. However, a revocation shall not affect the requirements of § 20-77-307.
(c) Support rights assigned to the department under this section shall constitute an obligation owed to the State of Arkansas by the person responsible for providing the support, and the obligation shall be collectible under all legal processes.
(d) The appropriate division of the department shall give notice, in writing, to each applicant for assistance. The notice shall state that acceptance of assistance would invoke the provisions of subsection (a) of this section and result in an assignment under subsection (a) of this section.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-77-109
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:20-77-109
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: e9e3e2a894934f4c1961ec61033175d7084ef8bacbc28a8aa867b2273afd7bf2
Source location: content.xml paragraph 35585
Stored source content
20-77-109. Medicaid assistance for children — Effect on child support.
(a) By accepting Medicaid assistance for or on behalf of a child, the recipient thereof shall be deemed to have assigned to the Office of Child Support Enforcement and any appropriate division of the Department of Human Services any rights to medical support, and for collection and distribution under Title IV-D of the Social Security Act, any rights to child support from any other person as the recipient may have:
(1) In his or her own behalf or in behalf of any other family member for whom the recipient is receiving assistance; and
(2) Accrued at the time the assistance, or any portion thereof, is accepted.
(b) The recipient shall have the right to revoke the assignment for the collection and distribution of child support by requesting revocation of the assignment in writing. However, a revocation shall not affect the requirements of § 20-77-307.
(c) Support rights assigned to the department under this section shall constitute an obligation owed to the State of Arkansas by the person responsible for providing the support, and the obligation shall be collectible under all legal processes.
(d) The appropriate division of the department shall give notice, in writing, to each applicant for assistance. The notice shall state that acceptance of assistance would invoke the provisions of subsection (a) of this section and result in an assignment under subsection (a) of this section.
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Arkansas Code — all titles (historical 2020) · legal_authorities
20-77-307. Assignment to Department of Human Services of rights of recovery.
(a) As a condition of eligibility, every Medicaid applicant shall automatically assign his or her right to any settlement, judgment, or award which may be obtained against any third party to the Department of Human Services to the full extent of any amount which may be paid by Medicaid for the benefit of the applicant.
(b) The application for Medicaid benefits shall, in itself, constitute an assignment by operation of law.
(c) The assignment shall be considered a statutory lien on any settlement, judgment, or award received by the recipient from a third party.
(d) Every Medicaid applicant, as a condition of eligibility, shall cooperate in establishing paternity, except for good cause shown, for a child born out of wedlock for whom the recipient can legally assign rights, in obtaining medical care, support, and payments for himself or herself or any other person for whom the individual can legally assign rights, and in identifying and providing information to assist the department and the Office of Child Support Enforcement in pursuing any liable third party.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-77-307
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-77-307. This identifies an authority to review, not proof of applicability.