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Manual Title Chapter Page Revision Date Virginia Medical Assistance Eligibility M03 April 2022 Subchapter Subject Page ending with Page M0330.000 FAMILIES & CHILDREN GROUPS M0330.107 5

1. Non IV-E Foster Care Children who meet the foster care definition in M0310.115 but do not receive a IV-E maintenance payment are “individuals in foster homes, private institutions or independent living arrangements for whom a public or private nonprofit child-placing agency is assuming full or partial financial responsibility.” This group also includes DJJ children. a. Children Living In Public Institutions Non-IV-E foster care recipients meet the Medicaid institutional status requirements when they live in a public child care institution if the facility has less than 25 beds, or if they live in a publicly operated community residence that has no more than 16 beds. See section M0280.100 for definitions of public institutions. When these children are placed in public residential institutions, the facility must not have capacity for more than 16 children (see M0280). b. Child in Independent Living Arrangement A child under age 18 in an independent living arrangement is eligible for Medicaid in this covered group if the child is receiving services from the local social services agency. A child age 18 and over who is in an Independent Living arrangement with a local department of social services no longer meets the definition of a foster care child and may be eligible for Medicaid in the covered group of Former Foster Care Children Under Age 26 Years group. See M0330.109 2. Non-IV-E Adoption Assistance Children under age 21 who meet the adoption assistance definition in M0310.102 for whom a Non-IV-E adoption assistance agreement between the local department of social services (LDSS) and the adoptive parent(s) is in effect are “individuals in adoptions subsidized in full or in part by a public agency.” If the child receives a Non-IV-E adoption assistance payment, or if the child was adopted under an adoption assistance agreement and is not eligible as a IV-E Adoption Assistance child, then the child meets the “Non- IV-E adoption assistance” definition. Adoption assistance children with special needs for medical or rehabilitative care have additional requirements. See section M0330.805. 3. In ICF or ICF- ID Children under age 21 who are patients in either an ICF or ICF-ID meet the classification of “individuals in an ICF or ICF- ID” in the Individual Under Age 21 covered group. D. Assistance Unit 1. Non-IV-E Foster Care Children (Includes DJJ) The child is an assistance unit of one effective the date the child is removed from the home and placed in foster care. Each child in foster care is evaluated as a separate assistance unit, even if the child is living with his/her siblings in a foster care home. The child continues to meet the Individuals Under Age 21 covered group as long as he is under the supervision of the LDSS or DJJ, including during a trial visit in the child’s own home. The Modified Adjusted Gross Income (MAGI) household composition methodology contained in Chapter M04 is applicable.