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(C) the child becomes the legal responsibility of another individual through guardianship; or

(2) child is no longer receiving any support from the adoptive parent or guardian; for purposes of this paragraph, “any support” includes family therapy, tuition, clothing, maintenance of special equipment in the home, and services for the child’s special needs. (i) If the child is placed in out-of-home care, the department will not automatically suspend or terminate the subsidy payment. However, due to the change in the child’s circumstances, the department may renegotiate the subsidy agreement, and will consider the specific needs of the adoptive child and family circumstances. A renegotiation under this subsection may include the

(1) termination of Title IV-E assistance; or

(2) reduction, suspension, or termination of a state subsidy. (j) Repealed 4/13/2011. (k) Before negotiations begin under this section, and after the department’s determination of eligibility under this section, the department will notify an adoptive parent or guardian in writing of the right to request a review under 7 AAC 54.500 or an evidentiary hearing under 7 AAC 54.510. (l) Factors that the department will not consider in negotiation of the amount of a subsidy include

(1) services that are covered by Medicaid;

(2) services that are covered through other department divisions or state departments;

(3) costs for goods or services for the child after the child turns 18 years of age and

(4) costs associated with buying or improving the home or purchasing vehicles. (m) When negotiating a subsidy the department will not include in any agreement payment for services to providers who are not enrolled in the Medicaid program under 7 AAC 105 — 7 AAC 160. If a qualified Medicaid provider is available, but a parent chooses that the child receive services from a provider that is not enrolled with Medicaid, those costs will not be included in a negotiated subsidy. (n) For purposes of this section,

(1) if the child is a Medicaid recipient, the determination whether a service, supply, or prescription drug is medically necessary will be made under 7 AAC 105 — 7 AAC 160 (Medicaid coverage and payment);

(2) if the child is not a Medicaid recipient, the Department of Health will make the determination of medical necessity; the Department of Health will determine that a service, supply, or prescription drug is medically necessary if the Department of Health determines that a