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medicaid or me

  • Thread starter Thread starter DoIPay
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D

DoIPay

Guest
What is the name of your state?MS

1993 I adopted my then wife's daughter from her first marriage. 1997 we divorced. Haven't really had any contact with the child. Child support is current. I used to carry insurance on the adopted daughter, but I cancelled it because the mother refused to use any of the doctors on the insurance plan list.

Daughter is still a minor and she had a baby at the beginning of the year. Everything was paid for by Medicaid. I know I am not responsible for the expenses of the baby. But what about the daughter? Will Medicaid expect me to pay them back? Thank you.
 


D

DoIPay

Guest
Bump Up

Should I try this in another forum? I am worried about this situation. Any help would be appreciated. Thank you.
 

VeronicaGia

Senior Member
Are you court ordered to carry the insurance on the child? If so, you could be in trouble.

However, realize that the state could go after the father of the child for reimbursement of the child's portion. You may be on the hook for part of your childs portion.
 
D

DoIPay

Guest
Yes I am court ordered to carry insurance and pay what insurance doesn't. Because the mother would not use any of the doctors on the insurance list, and I was paying for insurance that wasn't being used and paying for the doctor visits, I cancelled the insurance. Then the minor daughter became pregnant and had the baby and Medicaid was used for all of it. The father of the daughter's baby is also a minor. Thank you for replying.
 

stealth2

Under the Radar Member
Whether she used the insurance or not - you're in contempt. And yes, you'll likely find yourself liable for your daughter's maternity care.
 

rmet4nzkx

Senior Member
Your question cannot be answered with the information available.

How old was your daughter when she became pregnant?
How old was the father?
The state of Mississippi revised the statutory rape laws in 1998 and is again revising them, so it is possible depending on their respective ages that that may play a role. Also the state of Mississippi recognizes they have a severe problem with teenage pregnancy and that situations where there the family is not intact have a higher incidence of teenage pregnancy, due in part to a lack of supervision.

The state of Mississippi does not have a statute specifically covering emacipation of "pregnant" minors, but at the same time acknowledges her right to "consent" (see below) as an adult for the care of her child, this would include maternity care and the laws srrounding paternity effectively are the same whether the "parents" are married or minors, also the minor father and or his family will have some responsibility once paternity is established, so it is possible that there may be defenses that would at least offset some of your responsibility.

If it is true that you were providing medical insurance and paying the co-pay in good faith and the mother refused to use the insurance, obtained unauthorized services informing you after the fact and you srill paid the entire bill you may have had grounds for contempt, also grounds for contempt for the lack of visitation you have had since your divorce, you will need to see an attorney to protect your interest, the laws are not specific to your case.

Obviously, your ex's supervision of the child was lax and she failed to even provide adequate medical care, which you were paying for when billed because of her violation of the agreement around medical care and as such she failed to obtain birth control for your daughter or B/C education which could have been obtained free or at low cost at a Planned Parenthood office. Most health departments and other programs provide condoms free of charge.

If she obtained medicad as an "emancipated minor" as allowed in Mississippi, it is possible you may not be responsible for it as she was exercising her right as a parent. If she had asked you to provide matenity care as she asked for other types of care, you would have paid it or obtained insurance, right? If you had been allowed visitation or to be a part of your daughter's life you might have had the opportunity to intervene.

I hope this helps point you to some possible answers to your question since you have more information.

MISSISSIPPI CODE OF 1972 As Amended
SEC. 41-41-3. Who may consent to surgical or medical treatment or procedures.

It is hereby recognized and established that, in addition to such other persons as may be so authorized and empowered, any one of the following persons is authorized and empowered to consent, either orally or otherwise, to any surgical or medical treatment or procedures not prohibited by law which may be suggested, recommended, prescribed or directed by a duly licensed physician:

(a) Any adult, for himself. For purposes of this section, the term "adult" shall mean any person who is eighteen (18) years of age or older.

(b) Any parent, whether an adult or a minor, for his minor child or for his adult child of unsound mind; however, the father of an illegitimate child cannot consent for said child solely on the basis of parenthood.

(c) Any married person, whether an adult or a minor, for himself, and, where his joinder in the consent of his spouse may be desired or required, with his spouse.

(d) Any married person, whether an adult or a minor, for his spouse of unsound mind.

(e) Any person standing in loco parentis, whether formally serving or not, and any guardian, conservator or custodian, for his ward or other charge under disability.

(f) Any adult for his father or mother of unsound mind; however, an illegitimate child cannot consent for his natural father solely on the basis of the latter's parenthood.

(g) Any emancipated minor, for himself.

(h) Any unemancipated minor of sufficient intelligence to understand and appreciate the consequences of the proposed surgical or medical treatment or procedures, for himself.

(i) Any female, regardless of age or marital status, for herself when given in connection with pregnancy or childbirth.

(j) Any adult, for his minor brother or sister or for his adult brother or sister of unsound mind.

(k) During the absence of a parent so authorized and empowered, any maternal grandparent and, if the father be so authorized and empowered and be of legitimate birth, any paternal grandparent, for his minor grandchild or for his adult grandchild of unsound mind.

However, no person so authorized and empowered may arbitrarily, obstinately or without reasonable medical justification withhold or refuse his consent. However, nothing contained herein shall be construed to abridge any right of an adult who is not of unsound mind, who is not pregnant, whose wife is not pregnant, and who is not the parent of a minor living child, to refuse such consent as to his own person.

In addition to its usual definitions, the phrase "unsound mind" shall also mean and include, for the purposes of sections 41-41-3 through 41-41-11, a state of mind during which the person affected is unable to understand and appreciate the consequences of the proposed surgical or medical treatment or procedures so as to intelligently determine whether or not to consent to the same, regardless of whether such state of mind is only temporary or has existed for an extended period of time or occurs or has occurred only intermittently and whether or not it is due to natural state, age, shock or anxiety, illness, injury, drugs or sedation, intoxication or other cause of whatever nature.

SOURCES: Codes, 1942, Sec. 7129-81; Laws, 1966, ch. 478, Sec. 1; 1984, ch. 347, eff from and after July 1, 1984.
 
D

DoIPay

Guest
Because of the kids ages it was not statutory rape. They were both very young teenagers. The daughter has not been emancipated. I gave up on visitation when the daughter was about 12 going on 13. no point when she did not want come anymore and made everyone miserable on purpose when she did. Like reminded all the time I was not her real daddy just the man who adopted her. child support has always been paid. I paid the insurance and the doctor bills for about 5 years. I stopped the insurance because it cost to much to pay for insurance and then the doctor bills that were not covered. I was still paying the doctor bills. I asked a lawyer about the insurance and he told me I could not make the mother use the doctors on the list. I think I should contact Medicaid myself and find out what to do. Thank you.
 

rmet4nzkx

Senior Member
Here are some links (below) and some information about providing medical insurance in Mississippi as a part of your C/S. Depending on what exactly your divorce agreement says, either you or your ex could be in contempt and it may be her if she hasn't brought contempt charges against you. It is highly unlikely you agreed to supply medical insurance and to pay any and all medical costs over and above the co-pay because she chose not to use the doctors on the plan. Also there is language in the state regulations which limit you to the choices of plans available through your work which could possibly offset her deviation from the plan. Did she ever ask you to change to a different plan to access certain physicians? Also since your daughter eventually used medicaid physicians, the choice of physicians arguments lose some validity. State regulations does allow some expectitations from the guidlines.

Apparently there is a provision in the state regulations that allow for the medical insurance to be provided by the parent who can provide it at the least cost through their employment not exclusively by NCP. So if CP had insurance provided through employment at a lesser cost it would be provided through their employment, then possibly NCP's obligation would be provided through increased C/S, which is essentially what was forced on you by your ex's actions. You may still have grounds for contempt against her for your needless increased costs when you were providing both medical insurance and paying actually medical bills because she failed to use the insurance. Total up the costs both ways.

There are entitlements for adopted children to medicaid, pregnant women and minors also have entitlements in which income limits may be waived. You said she was young but not her and the father's ages, he and his family may have some responsibility. Has she had the baby yet? Keeping it? If the child is adopted there may be some payment for prenatal care. Unless you file for TPR you will be responsible until age 21 in Mississippi unless she becomes emancipated in some manner. You may want to file for modification and possibly contempt.

"Is medical insurance required to be provided when the child does not live in the service area?
Yes. By law, medical insurance coverage available to the parent-employee cannot be denied to a child even though:
* the child was born out of wedlock and paternity has been established
* the child is not claimed as a dependant on the parent's income tax return
* the child does not live with the parent
* the child does not live in your insurer's service area

Under which insurance plan should the child(ren) be enrolled?
Enroll the child(ren) under the same health benefit plan in which your employee is enrolled. If the employee is offered more than one health plan, the plan chosen by the employee must provide coverage for dependants.

# What about medical insurance for the children ?
In Mississippi this issue is typically addressed and taken care of in the Marital Settlement Agreement. It is important for the child or children to have coverage during the divorce process. A decision is made between the two parties, but it is the responsibility of the parent who can provide coverage due to his or her employment.

When a divorce is awarded, the Court may make an order touching the care, custody and maintenance of the minor children (under age 21) of the marriage. Where both parents have separate incomes or estates, the court may require that each parent contribute to the support and maintenance of the minor children in proportion to their relative financial ability. If one of the parents has health insurance available through an employer or other organization, the court may require that parent to provide health insurance for the child.

# Is Medical Insurance a part of Child Support?
The medical insurance for any minor child is to be awarded with child support. It is not always the non-custodial parent that is responsible. Presently the court looks to the parent with the best plan at the lowest rate.

# Can child support be modified in Mississippi?
Mississippi will allow for the modification of child support as long as a substantial change has occurred and the change is not something that has been previously addressed. The change will typically be associated with living arrangements and income.
If you have any questions, please call 1-800-345-6347

Screening for Medicaid and State Children’s Health Insurance ... may receive SCHIP coverage of prenatal services in ... Mississippi, but cannot deny Medicaid to minors ...
http://www.healthassistancepartnership.org/site/DocServer/ScreeningpdfwebMay2004.pdf?docID=901
 

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