2006 Ohio Revised Code - 5101.59. Certain rights assigned to department; cooperation by applicant, recipient or participant.

§ 5101.59. Certain rights assigned to department; cooperation by applicant, recipient or participant.
 

(A)  The application for or acceptance of public assistance constitutes an automatic assignment of certain rights to the department of job and family services. This assignment includes the rights of the applicant, recipient, or participant and also the rights of any other member of the assistance group for whom the applicant, recipient, or participant can legally make an assignment. 
 

Pursuant to this section, the applicant, recipient, or participant assigns to the department any rights to medical support available to the applicant, recipient, or participant or for other members of the assistance group under an order of a court or administrative agency, and any rights to payments from any third party liable to pay for the cost of medical care and services arising out of injury, disease, or disability of the applicant, recipient, participant, or other members of the assistance group. 
 

Medicare benefits shall not be assigned pursuant to this section. Benefits assigned to the department by operation of this section are directly reimbursable to the department by liable third parties. 

(B)  Refusal by the applicant, recipient, or participant to cooperate in obtaining medical support and payments for self or any other member of the assistance group renders the applicant, recipient, or participant ineligible for public assistance, unless cooperation is waived by the department. Eligibility shall continue for any individual who cannot legally assign the individual's own rights and who would have been eligible for public assistance but for the refusal to assign the individual's rights or to cooperate as required by this section by another person legally able to assign the individual's rights. 
 

If the applicant, recipient, or participant or any member of the assistance group becomes ineligible for public assistance, the department shall restore to the applicant, recipient, participant, or member of the assistance group any future rights to benefits assigned under this section. 
 

The rights of assignment given to the department under this section do not include rights to support assigned under section 5107.20 or 5115.07 of the Revised Code. 

(C)  The director of job and family services may adopt rules in accordance with Chapter 119. of the Revised Code to implement this section, including rules that specify what constitutes cooperating with efforts to obtain medical support and payments and when the cooperation requirement may be waived. 
 

HISTORY: 139 v H 694 (Eff 11-15-81); 141 v H 428 (Eff 12-23-86); 142 v H 231 (Eff 10-5-87); 144 v H 298 (Eff 7-26-91); 146 v H 249 (Eff 7-17-95); 147 v H 408 (Eff 10-1-97); 148 v H 471. Eff 7-1-2000; 150 v H 95, § 1, eff. 6-26-03.
 

The effective date is set by section 182 of H.B. 95 (150 v  - ). 

 

Effect of Amendments

H.B. 95, Acts 2003, effective June 26, 2003, substituted "5115.07" for "5115.13" in the third paragraph of (B).