§433.148. Denial or termination of eligibility.
42 C.F.R. § 433.148
In administering the assignment of rights provision, the agency must:
Deny or terminate eligibility for any applicant or beneficiary who—
Refuses to assign his own rights or those of any other individual for whom he can legally make an assignment; or
In the case of an applicant, does not attest to willingness to cooperate, and in the case of a beneficiary, refuses to cooperate in establishing the identity of a child's parents, obtaining medical child support and pursuing liable third parties, as required under § 433.147(a) unless cooperation has been waived;
Provide Medicaid to any individual who—
Cannot legally assign his own rights; and
Would otherwise be eligible for Medicaid but for the refusal, by a person legally able to assign his rights, to assign his rights or to cooperate as required by this subpart; and
In denying or terminating eligibility, comply with the notice and hearing requirements of part 431, subpart E of this subchapter.
Notes, amendments, and revision history
Amendments
[45 FR 8984, Feb. 11, 1980, as amended at 81 FR 86450, Nov. 30, 2016]
Source
Source: 45 FR 8984, Feb. 11, 1980, unless otherwise noted.
Authority
Authority: 42 U.S.C. 1302.
Source
Source: 43 FR 45201, Sept. 29, 1978, unless otherwise noted.
Amendments
[45 FR 8984, Feb. 11, 1980, as amended at 81 FR 86450, Nov. 30, 2016]