Download as PDF
199.5954 State medical assistance for special-needs adoptee.
(1)
(2)
(3)
(4)
(5)
A child with special needs residing in this state, who is the subject of an
adoption assistance agreement with another state, shall be entitled to receive
medical assistance from this state upon the filing in the Department for
Community Based Services, Cabinet for Health and Family Services, a certified
copy of the adoption assistance agreement obtained from the adoption
assistance state. In accordance with regulations of the Department for
Medicaid Services, Cabinet for Health and Family Services, the adoptive
parents shall be required at least annually to show that the agreement is still in
force or has been renewed.
The Department for Medicaid Services, Cabinet for Health and Family Services
shall consider recipients of medical assistance pursuant to this section as any
other recipient of medical assistance under the laws of this state and shall
process and make payment on claims on account of the recipient in the same
manner and pursuant to the same conditions and procedures as for other
recipients of medical assistance.
The Department for Medicaid Services, Cabinet for Health and Family Services
shall provide coverage and benefits for a child who is in another state and who
is covered by an adoption assistance agreement made by the Department for
Community Based Services, Cabinet for Health and Family Services, for the
coverage or benefits, if any, not provided by the residence state. To this end,
the adoptive parents acting for the child may submit evidence of payment for
services or benefit amounts not payable in the residence state and shall be
reimbursed therefor. However, there shall be no reimbursement for services or
benefit amounts covered under any insurance or other third-party medical
contract or arrangement held by the child or the adoptive parents. The Cabinet
for Health and Family Services shall make regulations implementing this
subsection. The additional coverages and benefit amounts provided pursuant
to this subsection shall be for services to the cost of which there is no federal
contribution, or which, if federally aided, are not provided by the residence
state. Among other things, the regulations shall include procedures to be
followed in obtaining prior approvals for services in those instances where
required for the assistance.
The submission of any claim for payment or reimbursement for services or
benefits pursuant to this section or the making of any statement in connection
therewith, which claim or statement the maker knows or should know to be
false, misleading, or fraudulent shall be punishable as perjury and shall also be
subject to a fine not to exceed ten thousand dollars ($10,000) or imprisonment
for not more than two (2) years, or both such fine and imprisonment.
The provisions of this section shall apply only to medical assistance for
children under adoption assistance agreements from states that have entered
into a compact with this state under which the other state provides medical
assistance agreements made by this state. All other children entitled to medical
assistance pursuant to adoption assistance agreements entered into by this
state shall be eligible to receive it in accordance with the laws and procedures
applicable thereto.
Effective:June 20, 2005
History: Amended 2005 Ky. Acts ch. 99, sec. 188, effective June 20, 2005. -Amended 2000 Ky. Acts ch. 14, sec. 20, effective July 14, 2000. -- Amended
1998 Ky. Acts ch. 426, sec. 151, effective July 15, 1998. -- Amended 1990 Ky.
Acts ch. 247, sec. 3, effective July 13, 1990. -- Created 1986 Ky. Acts ch. 80,
sec. 5, effective July 15, 1986.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.