4380 - Enforcement of cooperation requirements.

     § 4380.  Enforcement of cooperation requirements.        (a)  Cooperation required.--It is essential to the effective     and responsible utilization of assistance funds that applicants     and recipients who are caretakers of a child whose circumstances     include the reported absence of a legally responsible relative     from the household or presence of a putative father cooperate     fully with the department and the court or domestic relations     section in establishing paternity and in securing child support     payments and in all matters set forth in section 4379 (relating     to cooperation required).        (b)  Procedures.--            (1)  Upon application for assistance, each applicant or        recipient shall be notified that his or her cooperation in        the matters set forth in section 4379 shall be required as a        condition of eligibility and that failure to cooperate will        result in the termination of medical assistance and the        reduction of the cash assistance allowance in an amount equal        to not less than 25% and may, if provided by departmental        regulation, result in the imposition of protective payments        for any child in whose behalf the applicant or recipient        seeks assistance.            (2)  If the department or domestic relations section, as        applicable, determines that the applicant or recipient fails        to cooperate as set forth in section 4379, unless the failure        to cooperate was for good cause, the applicant or recipient        shall be notified of the noncooperation determination and the        basis for the noncooperation determination. The department        shall notify the applicant or recipient in writing of the        termination of medical assistance eligibility for the        applicant or recipient, the reduction of the cash assistance        allowance equal to not less than 25% and, if applicable, that        protective payments will be imposed for any child so affected        ten days after the date of notice. At the expiration of the        ten-day period, the department shall impose the termination        of medical assistance, the assistance allowance reduction        and, if applicable, protective payments. Any hearing or        appeal with respect to the notice of noncooperation issued by        the department shall be conducted in accordance with the        department's regulations governing an applicant's or a        recipient's right to hearings.            (3)  Subject to Federal approval, only when necessary, if        after notice and opportunity for hearing the court or        domestic relations section determines that the applicant or        recipient failed to cooperate as set forth in section 4379        and lacked reasonable excuse for such failure, the court        shall notify the applicant or recipient and the department of        the basis of the noncooperation determination and order the        department to impose a sanction for noncooperation. The        department shall issue a notice to the applicant or recipient        to terminate medical assistance eligibility, reduce the        assistance allowance by not less than 25% and, if applicable,        impose a protective payment for any child so affected. The        department shall implement the order of the court within ten        days of receipt. Any hearing or appeals with respect to the        recommendation and order of noncooperation directed by the        court shall be conducted by the court in accordance with the        Pennsylvania Rules of Civil Procedure as may be promulgated        by the Supreme Court governing actions for support. The        decision to hold hearings for noncooperation cases shall be        at the option of the court or domestic relations section. If        the court or domestic relations section chooses not to        conduct the hearings on noncooperation, appropriate court or        domestic relations section personnel shall be available to        provide testimonial evidence by telephone testimony at the        time and location set by the department for the departmental        appeal hearing. A finding of noncooperation of an applicant        or recipient shall not affect an obligor's duty to pay        support.