SB 1162

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 must include in a paternity order an order establishing the amount of the father’s obligation to pay or contribute to up to half of the actual and reasonable 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.