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The Immunization Rule

 

Under the TAFDC immunization rules, applicants and recipients must show either their TAFDC eligible children are up to date with all immunizations, that the shots have been scheduled or that there is a medical or religious reason to refuse immunizations. If your child is in school, you do not need proof of immunizations. If your child is in a Head Start or licensed day careprogram, you only need to prove your child is enrolled.

How does the immunization rule work?

When DTA notifies you about the immunization rule (usually when you first apply), you have 60 days to bring in proof that your children's immunizations are up to date, or that you have an appointment scheduled with their doctor or clinic. Proof includes either a DTA immunization form or a notice from your MassHealth care provider for a well-child visit or proof of enrollment in a Head Start or licensed day care program (unless DTA paysfor the Head Start or day care in which case DTA has the proof already).

If your child is under age two, you may be asked to show your child is still up-to-date on immunizations after he or she turns age two.

Note:

The immunization rule does not apply to children once they start school because schools require children to be immunized.

If you fail to bring in proof of up-to-date immunizations, or proof that you have an appointment scheduled, you will lose your portion of the TAFDCgrant - about $95/month You may also lose income deductions on any earnings and other DTA support services (transportation or child care) you need to work or go to school. If your provider has lost the records or cannot schedule an appointment for you, you can ask your DTA worker for help to get the documents or get an appointment for a well child visit.

Your MassHealth should not be cut. But your Food Stamps will not increase if your TAFDC goes down due to an immunization sanction.

Are there any exceptions?

You are exempt from this rule if immunizing your kids is against your religious beliefs or you or your doctor believe it would be medically harmful for your child.

If you do not want your children immunized, be sure to tell your DTA worker. If there are medical reasons, bring a statement from your doctor OR write a statement you have discussed this with your doctor and you have decided not to immunize your children. If you do not have your child's records and the doctor will not provide them, you can ask the clinic or doctor to give the shots again. Most doctors say this is not bad for your child.

If you need help finding a doctor

You will receive MassHealth coverage automatically with your TAFDC benefits. Medicaid will pay for all required shots, as well as checkups and other medical services. If you need help finding a doctor, call the MassHealth Customer Service number at 1-800-841- 2900. Ask them to give you the name of a MassHealth doctor. You can also call your local neighborhood healthcenter or hospital pediatric clinic for information and help.

If you want to challenge denial of benefits

Ask your DTA worker for help getting immunization records if you needhelp. Under the TAFDC rules, the worker must help if you need help and ask for it. If you get a written notice saying your TAFDC benefits will be reduced because of this new rule, you have the right to a hearing. If your worker refused your request for help in getting proofs, be sure to tell this to the hearings officer.

If your benefits are being reduced and you appeal within 10 days of thedate of the notice, your benefits will continue during the appeal. Be sure to bring with you any proofs that might help your case. You have a right to see your DTA case record and make copies of any documents in your file. You also have the right to bring a friend or advocate with you.

More information and legal advice

Free Legal Services may be available to give you more advice or representation. Call the local Legal Services program in your community for help.

Remember:

  • You can ask your DTA worker for help getting proof of your immunization records for your children.
  • You can object to immunizations if it is against your religion or medically harmful for your children.
  • You do not need to bring in proofs for any school age children. If you child is in Head Start or licensed day care, bring proof of enrollment.

Produced by Massachusetts Law Reform Institute
Last updated January 31, 2006


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More information and legal advice

Free Legal Services may be available to give you more advice or representation. Call the Legal Services program in your community for help.

 

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