10- 144 C.M.R. ch. 351, § 25-2

Current through 2024-44, October 30, 2024

Section 144-351-25-2 - DUTY OF DEPARTMENT

The Department shall:

A. Petition the Court or Administrative authority to:

1. Include health insurance which is accessible to the child(ren) and available to the parent responsible for providing medical support, and can be obtained for the child at reasonable cost, to be included in new or modified orders for support; and

2. Allocate the cost of coverage between the parents.

B. If health care coverage is not available at time a support order is entered or modified, petition to include medical support in new or modified orders until such time as health care coverage that is accessible and reasonable in cost becomes available. Medical support may be sought in addition to health care coverage.

C. Identify orders that do not address the health care needs of the child(ren) pursuant to the following criteria:

1. The order does not require health care coverage to be provided if it is available at reasonable cost and accessible to the child(ren), or does not require medical support if health care coverage is not available or provided; or

2. Reasonable evidence exists that health care coverage may be available to either parent at reasonable cost and is not being provided by either parent.

D. Petition to modify support orders, which have been identified pursuant to the above criteria, to include health care coverage and/or medical support if modification would constitute a substantial change of circumstances pursuant to 19-A M.R.S. §2009(3).

E. Periodically communicate with the Medicaid agency to determine whether there have been lapses in health care coverage for Medicaid applicants and recipients.

F. Inform an individual who is eligible for services pursuant to 45 C.F.R. § 302.33 that medical support services will be provided and shall provide the services specified in this chapter.

10- 144 C.M.R. ch. 351, § 25-2