Current through 2024 Legislative Session
Section 14-19-06 - Hospital-based program for acknowledgment of paternity - Effect of noncompliance1. During the period immediately preceding or following the birth of a child to an unmarried woman in a birthing hospital, the hospital, at a minimum, shall: a. Provide to the mother and the alleged father, if the alleged father is present in the hospital: (1) Written materials about paternity establishment;(2) The forms necessary to voluntarily acknowledge paternity;(3) A written and oral description of the rights, responsibilities, and legal consequences of acknowledging paternity; and(4) The opportunity to speak, either by telephone or in person, with staff who are trained to clarify information and answer questions about paternity establishment;b. Provide the mother and the alleged father, if the alleged father is present, the opportunity to voluntarily acknowledge paternity in the hospital;c. Afford due process safeguards by informing, in writing, the mother and the alleged father, if the alleged father is present, of the manner in which a relationship of father and child established under this chapter may be vacated or rescinded; andd. Forward completed acknowledgments to the department.2. The department may withhold medical assistance payments from any hospital that fails to comply with this section. At least thirty days in advance of any withholding, the department shall notify the hospital of the department's intention to withhold medical assistance payments from the hospital. The hospital may appeal the decision to withhold medical assistance benefits to the department.Amended by S.L. 2021, ch. 352 (HB 1247),§ 52, eff. 9/1/2022.