HAR §17-1705-9. Good cause determination

(a) The department shall make a determination that cooperation is against the best interests of the individual or other family member to whom financial or medical assistance is being furnished when it is anticipated that cooperation will result in reprisal against, and cause physical or emotional harm to, the individual or other family member. (b) When the department determines that good cause exists, the department shall make a further determination of whether collection activities could proceed without risk of harm to the family provided the activities will not involve the family's participation. (c) The determination shall be made on a case-by-case evaluation of the circumstances and the family shall be notified of the decision. (d) The good cause claim procedures of subchapter 4 shall apply. [Eff 08/01/94 ] (Auth: HRS §346-14) (Imp: 42 C.F.R. §433.147; 45 C.F.R. §232.40) §17-1705-10 Denial or termination of medical assistance. (a) The department shall deny or terminate medical assistance to any applicant or UNOFFICIAL 1705-6 recipient who refuses to cooperate in obtaining third party payments, unless good cause exists. (b) The department shall deny or terminate medical assistance to applicants or recipients who refuse to assign the individual's own rights or the rights of any other family member for whom the applicant or recipient can legally make an assignment. (c) The department shall provide assistance to individuals who: (1) Cannot legally assign the individual's own rights or the rights of other family members; (2) Have good cause for refusing to cooperate; and (3) Would otherwise be eligible for assistance but for the refusal by a person legally able to make the assignment or to cooperate. (d) Any individual denied or terminated for medical assistance as a result of refusal to assign the individual's rights shall have the right to a fair hearing. [Eff 08/01/94 ] (Auth: HRS §346-14) (Imp: 42 C.F.R. §433.148) §