AB 701

This bill prohibits the state from seeking recovery of birth expenses paid by the

state through the Medical Assistance program on behalf of an unmarried person who

gave birth and was a Medical Assistance recipient at the time of the birth. The bill

also prohibits a court from including in a judgment or order relating to paternity an

order for a father to pay for the recovery of such expenses paid by the state under the

Medical Assistance program. Under current law, a court is required to include in a

paternity order an order for the father to repay a portion of pregnancy and birth

expenses, taking into account the father's income and ability to pay. Also under

current law, a person applying for Medical Assistance, as a condition of eligibility for

Medical Assistance, is deemed to have assigned to the state any rights to medical

support or other payment of medical expenses from any other person, which includes

the right to recovery of birth expenses. Further, under current law, if the mother of

a child was enrolled in a health maintenance organization or other prepaid health

care plan under the Medical Assistance program at the time of the child's birth, the

state could seek to recover from the father the birth expenses incurred by the health

maintenance organization or other prepaid health care plan. This bill prohibits the

state from seeking recovery of these expenses and prohibits a court from ordering

recovery of these expenses on behalf of the state.