Oklahoma Administrative Code › Title 317 - Oklahoma Health Care Authority › Chapter 35 - Medical Assistance for Adults and Children-Eligibility › Subchapter 5 - Eligibility and Countable Income › Part 5 - COUNTABLE INCOME AND RESOURCES › Section 317:35-5-44 - Child/spousal support

Current through Vol. 41, No. 20, July 1, 2024
The Omnibus Budget Reconciliation Act of 1987 requires the
					 Oklahoma Department of Human Services (OKDHS) to provide Child Support Services
					 to certain families receiving SoonerCare benefits through the Oklahoma Child
					 Support Services Division (OCSS). The families are required to cooperate in
					 assignment of medical support rightsexcept as specified in Oklahoma
					 Administrative Code (OAC)
					 317:35-5-7(b)
					 In accordance with Section 433.152 of Title 42 of the Code of Federal
					 Regulations, the Oklahoma Health Care Authority (OHCA) may not refer a case for
					 medical support enforcement when the Medicaid referral is based solely upon
					 health care services provided through an Indian Health Program [as defined at
					 25
					 United States Code §
											1603(12)] , including
					 through the Purchased/Referred Care program, to a child who is eligible for
					 health care services from the Indian Health Services . These families will not
					 be required to cooperate with the OCSS in the assignment of child/spousal
					 support rights. The families involved are those with a minor child(ren) in the
					 home. The child(ren) must be related to the children's, the blind or the
					 disabled groups and have a parent(s) absent from the home. Any support
					 collected on behalf of these families will be paid to them as if they were
					 receiving non-public assistance child support services, with one exception. The
					 exception is regarding child support collected for foster care child(ren) in
					 OKDHS temporary custody. This support is paid to OKDHS Children and Family
					 Services Division (CFSD). The rules in OAC 317:10 are used, with the following
					 exceptions:
(1) In the event the
				  family already has an existing child support case, the only action required is
				  a memo to the appropriate OCSS district office notifying them of the
				  certification.
(2) Prior to October
				  1, 2013, child/spousal support is always counted as income less any applicable
				  income disregard. This income inclusion applies whether it is redirected to the
				  OCSS or retained by the member. Effective October 1, 2013, see rules regarding
				  financial eligibility for the individual's eligibility group to determine
				  whether child or spousal support is counted as income.
(3) Children who are in custody of OKDHS may
				  be exempt from referral to OCSS. Should the pursuit of the OCSS services be
				  determined to be detrimental to the OKDHS CFSD service plan, an exemption may
				  be approved.
Added at 12 Ok Reg 753, eff 1-6-95 through 7-14-95
						(emergency) ; Added at 12 Ok Reg 3133, eff 7-27-95 ; Amended at 14 Ok Reg 56,
						eff 4-30-96 (emergency) ; Amended at 14 Ok Reg 1802, eff 5-27-97 ; Amended at
						19 Ok Reg 136, eff 9-1-01 (emergency) ; Amended at 19 Ok Reg 2149, eff 6-27-02
						; Amended at 27 Ok Reg 1481, eff 6-11-10 ; Amended at 30 Ok Reg 1209, eff
						7-1-13