If an individual who consented in a record to be a parent by assisted reproduction dies before placement of eggs, sperm or embryos, the deceased individual is not a parent of the resulting child unless the deceased individual consented in a record that if assisted reproduction were to occur after death, the deceased individual would be a parent of the child. ARTICLE 10 - MEDICAID FAIRNESS ACT 14-2-1001. Short title. This article may be cited as the "Medicaid Fairness Act." 14-2-1002. Definitions. (a) As used in this article: (i) "Birth cost" means all expenses relating to prenatal care, delivery of a child and any other costs which are directly connected to a pregnancy and paid by medical assistance; (ii) "Department" means the department of family services created pursuant to W.S. 9-2-2101; (iii) "Federal poverty level" means the federal poverty guideline updated annually in the federal register by the United States department of health and human services; (iv) "Medical assistance" means as defined in W.S. 42-4-102(a)(ii). 14-2-1003. Birth cost recovery-medical assistance. (a) Not more than sixty (60) days after an unmarried recipient of medical assistance gives birth to a child, the department of health shall notify the department of family services of the actual amount of birth costs paid by medical assistance. (b) Upon receiving notice pursuant to subsection (a) of this section, the department shall determine whether the paternity of the child has been established. (c) Consistent with W.S. 42-4-106(b), if paternity has been established based on an acknowledgment made pursuant to W.S. 14-2-601, the department shall, in writing, request the father to pay the amount of birth costs established pursuant to W.S. 14-2-1004. (d) Within ninety (90) days of a request made pursuant to subsection (c) of this section, if the father has not made full payment or has not made arrangements for full payment to the satisfaction of the department, the department shall commence a civil action in accordance with W.S. 14-2-204 to recover the amount of birth costs established pursuant to W.S. 14-2-1004. (e) If paternity has not been established, the department, in cooperation with the mother of the child, shall use any means authorized by law to determine the paternity of the child, subject to W.S. 42-4-122(b)(ii). (f) Consistent with W.S. 42-4-106(b), if the father of the child is identified by the department pursuant to subsection (e) of this section, the department shall bring a civil action to adjudicate paternity and recover the amount of birth costs established pursuant to W.S. 42-4-1004 from the father, in the manner set forth in W.S. 14-2-822. (g) The department shall not take any of the actions set forth in this section on or after the fifth birthday of the child. 14-2-1004. Birth cost recovery calculation-medical assistance. (a) Before requiring the payment of any amount of birth costs under W.S. 14-2-1003, the department shall require the father to provide satisfactory proof of income. If the father does not provide satisfactory proof of income, or if the department is unable to determine the father's income using any means authorized by law, a rebuttable presumption shall exist that the father's income is greater than four hundred percent (400%) of the federal poverty level. (b) After notification of birth costs pursuant to W.S. 14-2-1003(a), the department shall calculate the amount of birth costs that are recoverable from the father in the following manner, subject to subsection (d) of this section: (i) For a father earning less than two hundred percent (200%) of the federal poverty level, zero percent (0%) of the birth costs; (ii) For a father earning two hundred percent (200%) or greater, but less than two hundred fifty percent (250%) of the federal poverty level, ten percent (10%) of the birth costs; (iii) For a father earning two hundred fifty percent (250%) or greater, but less than three hundred percent (300%) of the federal poverty level, twenty percent (20%) of the birth costs; (iv) For a father earning three hundred percent (300%) or greater, but less than three hundred fifty percent (350%) of the federal poverty level, thirty percent (30%) of the birth costs; (v) For a father earning three hundred fifty percent (350%) or greater, but less than four hundred percent (400%) of the federal poverty level, forty percent (40%) of the birth costs; (vi) For a father earning four hundred percent (400%) of the federal poverty level or greater, fifty percent (50%) of the birth costs. (c) The department may assess a fee, in addition to any recoverable birth costs under subsection (b) of this section, which equals the average expenses incurred by the department on a per case basis for the administration of this article and W.S. 42-4-122, plus any attorney's fees, if applicable. No fee or attorney's fees shall be assessed against a father who meets the criteria of paragraph (b)(i) of this section. (d) The total amount recoverable by the department under this section, including any fee or attorney's fees assessed pursuant to subsection (c) of this section, shall not exceed the average birth cost paid by medical assistance in this state, as established by rule promulgated pursuant to W.S. 14-2-1008. 14-2-1005. Birth cost recovery allocation-medical assistance. (a) Except as otherwise provided in subsections (c) and (d) of this section, any amount recovered by the department pursuant to W.S. 14-2-1003(c), (d) or (f) shall be remitted to the department of health. (b) Except as otherwise provided in subsections (c) and (d) of this section, any amount recovered by the department pursuant to W.S. 20-2-401(f) shall be: (i) Recovered in the manner set forth in W.S. 20-6-101 through 20-6-222; and (ii) Remitted by the department to the department of health. (c) The department of health shall remit to the federal government any amount collected under this article and required to be reimbursed pursuant to 42 U.S.C. 1396k(b). (d) The department may, on a quarterly basis, remit: (i) Forty percent (40%) of the total amount of birth costs recovered pursuant to W.S. 14-2-1003(c), (d) and (f) and 20-2-401(f), less any reimbursements made to the federal government pursuant to subsection (c) of this section, to the birth cost recovery incentive account created pursuant to W.S. 14-2-1006(a). (ii) Any fee or attorney's fee assessed by the department pursuant to W.S. 14-2-1004(c) to the birth cost recovery administration account created pursuant to W.S. 14-2-1006(b). 14-2-1006. Birth cost recovery accounts. (a) There is created the birth cost recovery incentive account. Funds remitted to the account pursuant to W.S. 14-2-1005(d)(i) shall be used by the department for any services or programs relating to infants or mothers. The account may be divided into subaccounts for purposes of administrative management. Funds in the account are continuously appropriated and shall not lapse at the end of any fiscal period. (b) There is created the birth cost recovery administration account. Funds remitted to the account pursuant to W.S. 14-2-1005(d)(ii) shall be used by the department to offset the costs of the administration of this article and W.S.
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