Page 120

UPDATED: JANUARY 2011

218

INCOME

ADOPTED CHILDREN

Policy: Children eligible for Title IV-E adoption assistance are automatically eligible for Medicaid. In addition, a child with a non-IV-E adoption assistance agreement in effect is eligible for Medicaid when a special medical or rehabilitative need makes his/her placement for adoption difficult without Medicaid coverage and s/he was in receipt of, or eligible, for Medicaid during the three months prior to the adoption agreement.

Adopted children not meeting the above criteria must have their eligibility for Medicaid determined.

References: SSL Sect.

453 (1)(b)

Dept. Reg.

421.24(c) 360-3.3(a)(6)

ADMs

92-ADM-42

92 ADM-23

87 ADM-22 86 ADM-36 85 ADM-33 81 ADM-10

Interpretation: Children eligible for Title IV-E adoption assistance payments are eligible for Medicaid as soon as the adoption assistance agreement is signed by the respective parties and approved by New York State. The district that entered in to the Title IV-E adoption agreement remains responsible for the child’s Medicaid as long as the adoption agreement remains in effect and the child remains a resident of New York State. When a voluntary authorized agency places a child for adoption and the State is paying the subsidy for IV-E and non IV-E special needs eligible children, then the district where the child resides with his/her adoptive parents authorizes the adopted child’s Medicaid. If a child enters certain facilities certified by the Office of Mental Health (OMH) or the Office for People with Developmental Disabilities (OPWDD), the State may be responsible for the child's Medicaid coverage while s/he remains in the facility (See OTHER ELIGIBILITY REQUIREMENTS STATE AND FEDERAL CHARGES)

(MRG)