AT-91-007, Revision to the Title IV-D State Plan Preprint and Submission of State Plan Pages to Indicate Compliance with Federal Requirements

PLAN PREPRINT

ACTION TRANSMITTAL

OCSE-AT-91-07

AUG 5, 1991

TO:STATE AGENCIES ADMINISTERING CHILD ENFORCEMENT PLANS UNDER TITLE IV-D OF THE SOCIAL SECURITY ACT AND OTHER INTERESTED INDIVIDUALS

SUBJECT:Revision to the Title IV-D State Plan Preprint and Submission of State Plan Pages to Indicate Compliance with Federal Requirements

ATTACHMENT:Attached are new and revised State plan preprint pages which reflect changes made to the State plan provisions of title IV-D of the Social Security Act (the Act) by P.L. 100-203, the Omnibus Budget Reconciliation Act of 1987, and P.L. 100-485, the Family Support Act of 1988 and implementing regulations. These pages must be submitted to the appropriate FSA Regional Administrator no later than September 30, 1991.

The attachments consist of:

Section 2.1, Establishing Paternity and Securing Support, is amended by revising provision three to include the Medicaid agency as a source of good cause determinations that the IV-D agency may proceed to undertake to establish paternity and secure support without the cooperation of the non-AFDC Medicaid recipient, and by adding a new fifth provision requiring the IV-D agency to notify the Medicaid agency when assigned medical support is received directly and retained by the non-AFDC Medicaid recipient. Page 2.1 reflects changes made by the final regulations on extension of IV-D support enforcement to non-AFDC Medicaid recipients and to former AFDC, Medicaid, and Title IV-E foster care recipients, published February 26, 1991 (OCSE-AT-91-01), implementing the Omnibus Budget Reconciliation Act of 1987 (P.L. 100203).
Section 2.2, Support Obligations, is amended by revising the reference to assigned support to include any support obligation which has been assigned to the State under 45 CFR 232.11 or section 471(a)(17) of the Social Security Act, or any medical support obligation or payment for medical care fromany third party which has been assigned to the State under 42 CFR 433.146. Page 2.2 reflects changes made by the final regulations published February 26, 1991 (OCSE-AT-91-01).
Section 2.4, Collection and Distribution of Support Payments, is amended in two ways: (1) by deleting old provision two, which dealt with services to former AFDC recipients, since that requirement is addressed in provision one of section 2.5; and (2) by adding a new section four, requiring forwarding of assigned medical support collections to the Medicaid agency for distribution. Page 2.4 reflects changes made by the final regulations published February 26, 1991 (OCSE-AT-91-01).
Section 2.5, Services to Individuals not Receiving AFDC or Title IV-E Foster Care, is amended in eight ways: (1) by revising the title; (2) by revising provision one to clarify that non-AFDC Medicaid recipients and former assistance recipients, as well as applicants, are entitled to receive IV-D services; (3) by deleting provision two since its contents are no longer current; (4) by revising provision three (now provision two) by deleting reference to the effective date of the State's provision for application fees; (5) by adding new provision three requiring the State to provide IV-D services to non-AFDC Medicaid recipients and former assistance recipients without requiring an application or an application fee, and requiring the State to not charge any fees or recover costs from non-AFDC Medicaid recipients; (6) by adding new provision four requiring the State to send a notice to former assistance recipients regarding the continuation of IV-D services; (7) by revising provision four (now provision five) to ask if costs are recovered from former assistance recipients, as well as from applicants for IV-D services, and to ask if the State recovers costs from the individual obligation, support and repays the recovered costs to former assistance recipients, as well as to applicants for IV-D services; and (8) by clarifying provision five (now provision six), regarding the assignment of rights, to clarify that the provision applies only to assignments not required by Federallaws. Pages 2.5-1,2.5-2, and 2.5-3 reflect changes made by the final regulations published February 26, 1991 (OCSE-AT-91-01).
Section 2.8, Medical Support Enforcement Activities, is amended to reflect technical changes made by the final rule on Standards for Program Operations published on August 4, 1989 (OCSE-AT-89-15).
Section 2.12, Procedures to Improve Program Effectiveness, is amended by revising page 2.12-5, Paternity, in two ways:

(1) by redesignating the old page 2.12-5 as page 2.12-5-5; and

(2) by adding a new section and page 2.12-5-2, Paternity Establishment, requiring States to have procedures for using genetic testing in contested paternity cases.

These pages reflect changes made by the Family Support Act of 1988 and implementing regulations published in the Federal Register on May 15, 1991 (OCSE-AT-91-02).
Section 2.13, Incentive Payments to States and Political Subdivisions, is amended to reflect the technical changes made by the final rule on Standards for Program Operations published on August 4, 1989 (OCSE AT -89-15).
Section 3.11, Guidelines for Setting Support Obligations within the State, is amended to provide that, effective October 13, 1989, the State IV-D agency has presumptive guidelines, and that the State reviews its guidelines at least once every four years. Page 3.11-1 reflects the presumptive guidelines provisions set forth in the Family Support Act of 1988 and final regulations published in the Federal Register on May 15, 1991 (OCSE-AT-91-02).

APPROVAL OF STATE PLAN

States must submit these pages (2.1, Establishing Paternity and Securing Support, 2.2, Support Obligations, 2.4, Collection and Distribution Of Support Payments, 2.5-l, 2.5-2, 2.5-3, Services to Individuals Not Receiving AFDC or Title IV-EFoster Care, 2.8, Medical Support Enforcement Activities; 2.12-5-1 and 2.12-5-2, Paternity Establishment; 2.13, Incentive Payments to States and Political Subdivisions, and 3.11, Guidelines for Setting Child Support Obligations within the State) along with a completed transmittal notice form (OCSE-21-U4) to the appropriate FSA Regional Administrator no later than September 30, 1991 attesting to compliance with the requirements of the Family Support Act of 1988 and Omnibus Budget Reconciliation Act of 1987 and implementing Federal regulations.

REFERENCES:OCSE-AT-89-15, OCSE-AT-90-14, OCSE-AT-91-01 and OCSE-AT-91-02.

ACTION

REQUIRED:Submit pages 2.1, 2.2, 2.4, 2.5-1, 2.5-2.5-3, 2.8, 2.12-5-1, 2.12-5-2, 2.13, and 3.11 no later than September 30, 1991.

INQUIRIES TO:FSA Regional Administrators

____________________________

Allie Page Matthews

Deputy Director

Office of Child Support Enforcement

	State____________________
	SECTION 2 SUPPORT ENFORCEMENT
Citation	2.1 Establishing Paternity and Securing Support
§454(4) of the Act; 45 CFR 302.31	1.The IV-D agency undertakes to establish paternity and secure support in accordance with 45 CFR 302.31 and section 454(4) of the Act.
	2.Effective October 1, 1985, the IV-D agency undertakes to secure support for a spouse (or former spouse) who is receiving aid under the State title IV-A plan from any person who is legally liable for such support in accordance with 45 CFR 302.31 and section 454(4).
	3.The IV-D agency undertakes to establish paternity and secure support without involving the caretaker relative, if the IV-A or IV-E agency determines, under 45 CFR 232.49, or the Medicaid agency determines under 42 CFR 433.147(c), that good cause exists but that support enforcement may proceed without the participation of the caretaker relative.
	4.[ ]The IV-A agency has elected to count retained support payments as income under 45 CFR 233.20 (a)(3)(v), and the IV-D agency notifies the IV-A agency whenever it discovers that directly received payments are being, or have been, retained; or [ ]The IV-D agency recovers the retained support payments in accordance with 45 CFR 303.80.
	5.The IV-D agency notifies the Medicaid agency that assigned medical support payments are being, or have been retained by the non-AFDC Medicaid recipient.
TN#_______Approval Date______________Effective Date_____________ 2.1-1
	State_______________
Citation	2.2 Support Obligations
§456(a) of the Act; 45 CFR 302.50	The support rights assigned to the State, as defined in 45 CFR 302.5045 CFR 301.1, constitute an obligation owed to the State by the individual responsible for providing such support. With respect to such obligations, the IV-D agency complies with the requirements in 45 CFR 302.50.
TN#_________Approval Date_____________Effective Date_____________ 2.2-1
	State________________
Citation	2.4 Collection and Distribution of Support Payments
§§454(5) & (11) and §457(b) of the Act; 45 CFR 302.32, 302.37 and 302.51(a) through (d)	1.When support payments are collected for a recipient of aid under the State's title IV-A plan, and an assignment under 45 CFR 232.11 is effective, the IV-D agency shall collect and distribute the payments in accordance with 45 CFR 302.32 governing support payments to the IV-D agency, and 45 CFR 302.37 and 302.51(a) through (d) governing distribution of support payments.
45 CFR 302.51(f)	2.The assignment of support rights under section 402(a) (26) of the Act terminates when a family ceases receiving assistance under the State's title IV-A plan. However, the assignment of the total amount of any obligation that has accrued under such assignment, prior to the family's becoming ineligible for assistance, is not terminated, From this accrued amount, the IV-D agency will attempt to collect the unpaid obligation in accordance with the requirements in 45 CFR 302.51(f).
§454(12) of the Act; 45 CFR 302.38	3.Any payment required to be made under 45 CFR 302.32 and 302.51 to a family is made to the resident parent, legal guardian, or caretaker relative having custody of or responsibility for the child or children.
§454(5) of the Act; 45 CFR 302.51(e)	4.Amounts collected by the State to satisfy the specific dollar amount for medical support assigned to the State, must be forwarded to the Medicaid Agency for distribution under 42 CFR 433.154.
§457(d) of the Act; 45 CFR 302.52	5.The State distributes amounts collected as support on behalf of children for whom the State is making foster care maintenance payments under the State's title IV-E State plan in accordance with section 457(d) of the Act and 45 CFR 302.52.
TN#_________Approval Date______________Effective Date____________ 2.4-1
	State_________________
Citation	2.5 Services to Individuals Not Receiving AfDC or Title IV-E Foster Care Assistance
§§454(5) & (6) of the Act; 45 CFR 302.33(a) and 303.31	1.Services established under this plan shall be made available to any individual who: (a)files an application for IV-D services with the IV-D agency; (b)is a non-AFDC Medicaid recipient; or (c)is a former AFDC recipient; former Medicaid recipient; or former title IV-E foster care recipient.
454(6) of the Act; 45 CFR 302.33(c)	2.(a)The application fee charged to an individual who files an application for services is: [ ]a flat dollar amount not to exceed $25 and described in ATTACHMENT 2.5A; or [ ]an amount established in accordance with 45 CFR 302.33(c)(2)(iv)(B) and described in ATTACHMENT 2.5A. (b)The State collects the fee from the individual applying for IV-D services or pays the fee out of State funds. (c)The Stat recovers the application fee from the absent parent in accordance with 45 CFR 302.33(c)(2)(ii). [ ]YES [ ]NO
TN#___________Approval Date_____________Effective Date___________ 2.5-1
	State___________________
Citation	2.5 Services to Individuals Not Receiving AFDC or Title IV-E Foster Care Assistance
§454 of the Act; 45 CFR 302.33(c)(2)(v)	(d)The State allows the jurisdiction that collects support for the State under this plan to retain any application fees collected under this section. [ ] YES [ ] NO
454(4) and 457(c) of the Act; 45 CFR 302.33 (a)(2) and (3)	3.The State does not: (a)require an application, other request for services, or an application fee from any individual who is either a former AFDC recipient; former Medicaid recipient; or former title IV-E foster care recipient. (b)charge fees or recover costs from any non-AFDC Medicaid recipient.
454(6) of the Act; 45 CFR 302.33 (a)(4)	4.When a family is no longer eligible for assistance under the AFDC, Medicaid or title IV-E foster care program, the IV-D agency sends the family a notice regarding the continuation of IV-D services in accordance with 45 CFR 302.33(a) (4).
454(b) of the Act; 45 CFR 302.33(d)	5.Any costs incurred in excess of any fees collected to cover administrative costs under the State plan in providing services are: [ ]not recovered; [ ]recovered from the individual who owes a support obligation to a non-AFDC family receiving services under this section in accordance with 45 CFR 302.33(d); or
TN#_________Approval Date____________Effective Date______________ 2.5-2
	State___________________
Citation	2.5 Services to Individuals Not Receiving AFDC or Title IV-E Foster Care Assistance [ ]recovered from either former AFDC recipient; former Medicaid recipient; or former title IV-E foster care recipient or the individual who has filed an application for IV-D services under this section in accordance with 45 CFR 302.33(d). The State seeks reimbursement from the individual who owes a support obligation and repays the former AFDC recipient; the former Medicaid recipient; the former title IV-E foster care recipient; or the individual who filed an application for IV-D services in accordance with 45 CFR 302.33(d)(4). [ ] YES[ ] NO
45 CFR 302.33(e)	6.The IV-D agency takes an assignment of support rights not already assigned to the State from an individual receiving services under this section in accordance with 45 CFR 302.33(e). [ ] YES[ ] NO
TN#_________Approval Date_____________Effective Date_____________ 2.5-3
	State_____________________
Citation	2.8 Medical Support Enforcement Activities
§452(f) of the Act; 45 CFR 302.80	The IV-D agency performs required medical support enforcement activities, including petitioning for health insurance, in accordance with 45 CFR 303.30 and 303.31. The IV-D agency performs optional medical support enforcement activities under a cooperative agreement with the State Medicaid agency in accordance with 45 CFR Part 306. [ ]No [ ]Yes: The cooperative agreement meets the requirements of 45 CFR Part 306, and has been approved by the Regional Representative. The agreement is included as ATTACHMENT 2.8A.
TN#_________Approval Date_____________Effective Date_____________ 2.8-1
	State_________________
Citation	2.12 Procedures to Improve Program Effectiveness
§§454(200 and 466 (a)(5) of the Act; 45 CFR 302.70(a)(5)	5-1 Paternity Establishment [ ]The IV-D agency has procedures for the establishment of paternity for any child at least up to the child's 18th birthday, in accordance with §302.70(a)(5)(i). [ ]The Secretary has granted the State an exemption from paternity establishment in accordance with §302.70(a)(5)(i).
TN#________Approval Date______________Effective Date_____________ 2.12-5-1
	State___________________
Citation	2.12 Procedures to Improve Program Effectiveness
§§454(20) and 466 (a)(5) of the Act; 45 CFR 302.70(a)(5)	5-2Paternity Establishment. [ ]The State IV-D agency has procedures for using genetic testing in contested paternity cases in accordance with §302.70(a)(5)(ii). [ ]The Secretary has granted the State an exemption form genetic testing in accordance with §302.70(a)(5)(ii).
TN#_________Approval Date_____________Effective Date_____________ 2.12-5-2
	State___________________
Citation	2.13 Incentive Payments to states and Political Subdivisions
§§454(22) and 458(a) of the Act; 45 CFR 302.55 and 303.52	The IV-D agency makes incentive payments in accordance with §§303.52 and 302.55.
TN#_________Approval Date______________Effective Date____________ 2.13-1
	State___________________
Citation	3.11 Guidelines For Setting Child Support Obligations Within the State
§467 of the Act; 45 CFR 302.56	1.Effective October 13, 1989, the State IV-D agency has presumptive guidelines for setting child support obligations and procedures for making the guidelines available to the public in accordance with §302.56. 2.The State reviews its guidelines, at least once every four years, in accordance with 302.56. ATTACHMENT 3.11A is a copy of the guidelines.
TN#_________Approval Date______________Effective Date____________ 3.11-1