Minnesota Special Needs Child Support Lawyer
Under the federal law called the Tax Equity and Fiscal Responsibility Act (TEFRA) of 1982, states may make Medical Assistance (MA) (federal Medicaid program) available to children with high disability care needs without counting their parents’ income.
TEFRA is Medical Assistance (MA) health insurance for children with disabilities who:
* live with their parent(s) at home need a high level of care
and whose parents have too much income to qualify for MA or whose cost for MA spend-down (premium based on income) would be too high.
MA under TEFRA covers the same services as other MA programs. If a child needs more services than what MA covers, the family can apply for the Home and Community Based waiver programs for more disability-related services.
Parents who receive TEFRA benefits for their children may be surprised that they will be charged a parental fee,which reimburses the State for some portion of the benefits paid on behalf of their children.
This fee is calculated based upon income, and even though the Department of Human Services provides an online calculator to estimate the fee, there are a number of complications that result in significant calculation errors.
The regulations implementing TEFRA are complicated and while Minnesota’s Department of Human Services strives for consistent application of the rules, if you do not understand their rules, you may end up paying too much!
Moore Family Law’s Child Support Lawyers can help you understand your parental fee obligation, negotiate withthe State of Minnesota, and if necessary, file an administrative dispute with the Department of Human Services,and appeal any adverse ruling through the court system.
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