- Is there a person who is specifically assigned to help me with medical expense reimbursement problems or questions?
The Case Manager assigned to your file will assist in all areas of enforcement, including medical expense reimbursement.
- Can I ask the FOC for help in getting reimbursement of health care costs from the other party?
Yes. If you have an out of pocket expense for your child’s medical care AND your Order says that the other party must pay a portion of the uninsured medical costs, then you can ask the FOC to help collect that portion from the other party. However, before you ask the Friend of the Court to help, the law requires that you do the following:
- Give a copy of the medical bills to the other party and please use the FOC form entitled “Client Demand for Medical Payment.” (FOC 13a) when sending this information. Remember to keep all of your original bills and /or information from your insurance carrier, whether insurance paid a portion of the bill or denied the claim. These originals will be needed if the FOC assists in the enforcement.
- The other party has 28 days to pay his or her portion of the costs. This time period runs from the date that you mail or deliver the demand for payment. You should make the demand for payment within 28 days from the date that the service was provided or within 28 days from the date that you received notification from your medical insurance carrier that the expense was not covered.
- If the other party does not pay, then the FOC can assist. However, you must make your request for assistance to the FOC within one (1) year from the date that the expense was incurred and/or within six months of the medical insurance carrier’s denial of coverage.
- What will the FOC do to collect the medical reimbursement?
The responsible party will be contacted and advised that the unpaid amount requested will become a support arrearage unless an objection is filed within 21 days. If the unpaid amount becomes a support arrearage, then it is subject to all of the enforcement remedies available under law through the FOC.
- Do I have a right to see my child’s school, medical, and other records if my child lives with the other parent?
Michigan law gives both parents the right to see certain records, regardless of the custody arrangement. These records include medical, dental, school and day-care records. Also, both parents are entitled to receive advance notice of meetings that concern their child’s education. However, the FOC cannot enforce these rights. You may wish to consult with an attorney if you are denied any of these records.
- If my court order was entered after October 1, 2004, does that affect how medical costs are determined?
Yes. Orders entered after October 1, 2004, include an “annual ordinary medical expense.” The Michigan Child Support Formula has determined this yearly ordinary medical expense (i.e., co-pays, deductibles, prescription costs, etc.) for the custodial party to be: $403 for one child, $807 for two children, $1,210 for three, $1,640for four and $2,017 for five or more children. Unless your order varies from the Formula, these amounts are used. Until and unless you have out of pocket expense totaling more than your annual ordinary medical expense amount, you can not recover the uninsured expense amount from the other party, as it is included in their monthly support obligation.