C.F.R. » Title 42 » CHAPTER IV—CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES › SUBCHAPTER C—MEDICAL ASSISTANCE PROGRAMS › PART 435—ELIGIBILITY IN THE STATES, DISTRICT OF COLUMBIA, THE NORTHERN MARIANA ISLANDS, AND AMERICAN SAMOA › Subpart G—General Financial Eligibility Requirements and Options

42 C.F.R. § 435.610

Assignment of rights to benefits

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) Consistent with §§ 433.145 through 433.148 of this chapter, as a condition of eligibility, the agency must require legally able applicants and beneficiaries to:

(1) Assign rights to the Medicaid agency to medical support and to payment for medical care from any third party;

(2) In the case of applicants, attest that they will cooperate, and, in the case of beneficiaries, cooperate with the agency in—

(i) Establishing the identity of a child's parents and in obtaining medical support and payments, unless the individual establishes good cause for not cooperating or is a pregnant woman described in § 435.116; and

(ii) Identifying and providing information to assist the Medicaid agency in pursuing third parties who may be liable to pay for care and services under the plan, unless the individual establishes good cause for not cooperating.

(3) Cooperate in identifying and providing information to assist the Medicaid agency in pursuing third parties who may be liable to pay for care and services under the plan, unless the individual establishes good cause for not cooperating.

(b) The requirements for assignment of rights must be applied uniformly for all groups covered under the plan.

[55 FR 48609, Nov. 21, 1990, as amended at 58 FR 4907, Jan. 19, 1993. Redesignated at 58 FR 4931, Jan. 19, 1993, as amended at 81 FR 86457, Nov. 30, 2016]
Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 1994–2023 · leading case: Est. of Krueger Ex Rel. Krueger v. Richland Cnty. Soc. Servs., 526 N.W.2d 456 (N.D. 1994).
Sort: Relevance Newest Treatment
Est. of Krueger Ex Rel. Krueger v. Richland Cnty. Soc. Servs., 526 N.W.2d 456 (N.D. 1994). · cites it 2× “" 42 C.F.R. § 435.610 (a)(1) and (3). V Krueger asserts that the aid and attendance allowance is not a third-party payment and that to allow the Department to consider it as such would permit the Department to accomplish indirectly what it has been directly forbidden to do by…”
Est. Of David Lynch, App V. Washington Healthcare Auth., Resp (Wash. Ct. App. 2023). · cites it 2× “§ 1396a(a)(25)(H); see also 42 C.F.R. § 435.610 (a) (stating “as a condition of [Medicaid] eligibility, the agency must require legally able applicants and beneficiaries to .”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.