
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1396k]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
    SUBCHAPTER XIX--GRANTS TO STATES FOR MEDICAL ASSISTANCE PROGRAMS
 
Sec. 1396k. Assignment, enforcement, and collection of rights of 
        payments for medical care; establishment of procedures pursuant 
        to State plan; amounts retained by State
        
    (a) For the purpose of assisting in the collection of medical 
support payments and other payments for medical care owed to recipients 
of medical assistance under the State plan approved under this 
subchapter, a State plan for medical assistance shall--
        (1) provide that, as a condition of eligibility for medical 
    assistance under the State plan to an individual who has the legal 
    capacity to execute an assignment for himself, the individual is 
    required--
            (A) to assign the State any rights, of the individual or of 
        any other person who is eligible for medical assistance under 
        this subchapter and on whose behalf the individual has the legal 
        authority to execute an assignment of such rights, to support 
        (specified as support for the purpose of medical care by a court 
        or administrative order) and to payment for medical care from 
        any third party;
            (B) to cooperate with the State (i) in establishing the 
        paternity of such person (referred to in subparagraph (A)) if 
        the person is a child born out of wedlock, and (ii) in obtaining 
        support and payments (described in subparagraph (A)) for himself 
        and for such person, unless (in either case) the individual is 
        described in section 1396a(l)(1)(A) of this title or the 
        individual is found to have good cause for refusing to cooperate 
        as determined by the State agency in accordance with standards 
        prescribed by the Secretary, which standards shall take into 
        consideration the best interests of the individuals involved; 
        and
            (C) to cooperate with the State in identifying, and 
        providing information to assist the State in pursuing, any third 
        party who may be liable to pay for care and services available 
        under the plan, unless such individual has good cause for 
        refusing to cooperate as determined by the State agency in 
        accordance with standards prescribed by the Secretary, which 
        standards shall take into consideration the best interests of 
        the individuals involved; and

        (2) provide for entering into cooperative arrangements 
    (including financial arrangements), with any appropriate agency of 
    any State (including, with respect to the enforcement and collection 
    of rights of payment for medical care by or through a parent, with a 
    State's agency established or designated under section 654(3) of 
    this title) and with appropriate courts and law enforcement 
    officials, to assist the agency or agencies administering the State 
    plan with respect to (A) the enforcement and collection of rights to 
    support or payment assigned under this section and (B) any other 
    matters of common concern.

    (b) Such part of any amount collected by the State under an 
assignment made under the provisions of this section shall be retained 
by the State as is necessary to reimburse it for medical assistance 
payments made on behalf of an individual with respect to whom such 
assignment was executed (with appropriate reimbursement of the Federal 
Government to the extent of its participation in the financing of such 
medical assistance), and the remainder of such amount collected shall be 
paid to such individual.

(Aug. 14, 1935, ch. 531, title XIX, Sec. 1912, as added Pub. L. 95-142, 
Sec. 11(b), Oct. 25, 1977, 91 Stat. 1196; amended Pub. L. 98-369, div. 
B, title III, Sec. 2367(b), July 18, 1984, 98 Stat. 1109; Pub. L. 99-
272, title IX, Sec. 9503(e), Apr. 7, 1986, 100 Stat. 207; Pub. L. 101-
508, title IV, Sec. 4606(a), Nov. 5, 1990, 104 Stat. 1388-170.)


                               Amendments

    1990--Subsec. (a)(1)(B). Pub. L. 101-508 inserted ``the individual 
is described in section 1396a(l)(1)(A) of this title or'' after ``unless 
(in either case)''.
    1986--Subsec. (a)(1)(C). Pub. L. 99-272 added subpar. (C).
    1984--Subsec. (a). Pub. L. 98-369 substituted ``State plan for 
medical assistance shall'' for ``State plan for medical assistance 
may''.


                    Effective Date of 1990 Amendment

    Section 4606(b) of Pub. L. 101-508 provided that: ``The amendment 
made by subsection (a) [amending this section] shall take effect on the 
date of the enactment of this Act [Nov. 5, 1990].''


                    Effective Date of 1986 Amendment

    Amendment by Pub. L. 99-272 applicable to calendar quarters 
beginning on or after Apr. 7, 1986, except as otherwise provided, see 
section 9503(g)(1), (2) of Pub. L. 99-272, set out as a note under 
section 1396a of this title.


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-369 effective Oct. 1, 1984, except as 
otherwise provided, see section 2367(c) of Pub. L. 98-369, set out as a 
note under section 1396a of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 652, 654, 666, 1396a, 1396b 
of this title; title 29 section 1169.
