2020 Colorado Revised Statutes
Title 25.5 - Health Care Policy And Financing
Article 4. Colorado Medical Assistance Act - General Medical Assistance
Section 25.5-4-303. State income tax refund intercept - garnishment of earning - failure to provide medical support for child.
(1) (a) At any time prescribed by the department of revenue, but not less frequently than annually, the state department may certify to the department of revenue information regarding any person who:
Is obligated to the state agency responsible for administering medical assistance inthis state for medical support based on medical assistance provided to the obligor's dependent child; and
Has received payment from a third party to cover the health care costs of the childbut has neither applied such payment to cover the child's health care costs nor to reimburse the state department, the custodial parent of the child, or the provider of medical care.
(b) The information provided to the department of revenue shall include the name and the social security number of the person described in paragraph (a) of this subsection (1), the amount of medical assistance provided to the child during the period for which medical support was ordered but not provided as described in subparagraph (II) of paragraph (a) of this subsection (1), and any other identifying information required by the department of revenue.
Prior to a final certification of the information described in subsection (1) of thissection to the department of revenue, the state department shall notify the obligated person, in writing, that the state intends to refer the person's name to the department of revenue in an attempt to offset the person's medical support obligation against the person's state income tax refund. Such notification shall include information on the parent's right to object to the offset.
Upon notification by the department of revenue of amounts deposited with the statetreasurer pursuant to section 39-21-108 (3), C.R.S., the state department may recover the amount of the medical assistance described in paragraph (b) of subsection (1) of this section.
The state department may garnish the wages and other earnings of a person describedin paragraph (a) of subsection (1) of this section. The garnishment of wages and earning shall be in accordance with articles 54 and 54.5 of title 13, C.R.S.
The state board shall adopt rules as are necessary for the implementation of thissection.
Source: L. 2006: Entire article added with relocations, p. 1838, § 7, effective July 1.
Editor's note: This section is similar to former § 26-4-403.4 as it existed prior to 2006.
