Code of Massachusetts Regulations
106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE
Title 106 CMR 702.000 - Transitional Cash Assistance Programs: Eligibility Process
Section 702.800 - Assignments for Third Party Recoveries
Current through Register 1531, September 27, 2024
(A) Benefits may be provided under the TAFDC, EAEDC, or MassHealth programs as a result of an accident, injury, or illness. When payment is expected to be provided by liability insurance, Workers' Compensation, or other source, the Department and MassHealth require an assignment which conveys and transfers to the Department the right to recover an amount equal to the benefits provided as a result of said accident, injury, or illness. This assignment is required as a condition of initial and continuing eligibility at application, eligibility review, or at any time that the information becomes known to the Department.
The applicant or client is required to notify the Department, in writing, when a claim for compensation or recovery has begun, and of any settlement negotiations before they become final. A claim includes, but is not limited to:
(B) It is the responsibility of the applicant or client to provide the details of a claim for any member of the filing unit. The information required includes, but is not limited to, the following:
Upon any partial or final settlement of the case, the applicant or client who signed the original assignment or his or her attorney or authorized representative (if the applicant or client has one) is required to provide the Department with information on the amount of the settlement and the details surrounding it.
Failure to comply with any of these provisions is grounds for denial, closing, and/or referral to the Bureau of Special Investigations.
Workers may not compute the amount of a lien, but must make a referral to the Department's authorized agent for computing the amount of a lien.