§ 14-19-06 — Hospital-based program for acknowledgment of paternity - Effect of noncompliance

noncompliance.
1. 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rescinded; and
d. 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.