Waiver of Cooperation for Good Cause

(A) Good cause is established if (1) the MassHealth agency finds that cooperation is against the best interest of the child with respect to the obligation to establish paternity of a child born out of wedlock, to obtain medical-care support and payments, or to identify or provide information to assist the MassHealth agency in pursuing a liable third party for a child for whom the applicant or member can legally assign rights; or (2) the MassHealth agency finds that cooperation is not in the best interest of the applicant or member or the person for whom the benefit is being requested or furnished because it is anticipated that cooperation will result in reprisal against, and cause serious physical or emotional harm to the applicant or member or another person with respect to the obligation to cooperate in all cases not covered by 130 CMR 503.005(A)(1). (B) Good cause for noncooperation includes, but is not limited to, the following circumstances: (1) the child was conceived because of incest or forcible rape; (2) legal proceedings for adoption are pending before a court; (3) a public agency or licensed facility is assisting in resolving the issue of adoption and discussions have not lasted longer than three months; or (4) cooperation would result in serious physical or emotional harm to the child, the relative with whom the child resides, or to the applicant or member.