No. 30891: R527-39. Applicant/Recipient Cooperation

DAR File No.: 30891
Filed: 01/10/2008, 12:02
Received by: NL

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Section 62A-11-107 gives the Office of Recovery Services (ORS) the authority to adopt, amend, and enforce rules necessary to carry out its responsibilities under state law. Section 62A-11-104 gives ORS the authority to determine whether an applicant or recipient of financial assistance or Medicaid is cooperating in good faith as required in Section 62A-11-307.2. Section 62A-11-307.2 specifies that to cooperate in good faith an applicant/recipient must provide the name and other identifying information of the other parent unless good cause or other exception applies. In addition, the applicant/recipient must supply additional necessary information and appear at interviews, hearings, and legal proceedings. When paternity needs to be established, the statute requires the applicant/recipient and child to submit to genetic testing. Section 62A-11-307.2 requires ORS to determine and redetermine, when appropriate, whether a recipient has cooperated in establishing paternity or in establishing, modifying, or enforcing a child support order. When a determination of noncooperation is made, the statute requires ORS to provide notice to the applicant/recipient including information that the determination may be contested. Also, this rule describes the options available to an applicant/recipient who wishes to contest a noncooperation determination when a good cause or other exception does not apply. This rule explains that if an applicant/recipient disagrees with the Decision and Order that is issued, the recipient may request a reconsideration within a certain time frame or petition the district court to review the order.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

There have been no comments received since the last five-year review of the rule.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule is necessary because of the laws that require ORS to determine and redetermine whether an applicant or recipient of financial assistance or Medicaid is cooperating. The rule provides the office with the requirements that are necessary for the recipient/applicant to be considered cooperating. In addition, this rule provides the applicant/recipient the additional option to contest a noncooperation determination informally at the agency level rather than proceeding under the Utah Administrative Procedures Act or through the district court. The rule also provides each progressive level of appeal. Therefore, this rule should be continued. Upon review of this rule, the department recognizes the need for this rule to be amended to add an authority and purpose section and it will be done soon.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Human Services
Recovery Services
515 E 100 S
SALT LAKE CITY UT 84102-4211

Direct questions regarding this rule to:

Shancie Lawton at the above address, by phone at 801-536-8191, by FAX at 801-536-8833, or by Internet E-mail at [e-mail]

Authorized by:

Mark Brasher, Director