§ 20-77-109 — Medicaid assistance for children - Effect on child support

(a) By accepting Medicaid assistance for or on behalf of a child, the recipient thereof shall be deemed to have assigned to the Office of Child Support Enforcement and any appropriate division of the Department of Human Services any rights to medical support, and for collection and distribution under Title IV-D of the Social Security Act, any rights to child support from any other person as the recipient may have: (1) In his or her own behalf or in behalf of any other family member for whom the recipient is receiving assistance; and (2) Accrued at the time the assistance, or any portion thereof, is accepted. (b) The recipient shall have the right to revoke the assignment for the collection and distribution of child support by requesting revocation of the assignment in writing. However, a revocation shall not affect the requirements of § 20-77-307 . (c) Support rights assigned to the department under this section shall constitute an obligation owed to the State of Arkansas by the person responsible for providing the support, and the obligation shall be collectible under all legal processes. (d) The appropriate division of the department shall give notice, in writing, to each applicant for assistance. The notice shall state that acceptance of assistance would invoke the provisions of subsection (a) of this section and result in an assignment under subsection (a) of this section.

Legislative History

Acts 1991, No. 985, §§ 1-3; 1993, No. 1242, § 6.