2005 Connecticut Code - Sec. 17a-120. (Formerly Sec. 17-44e). Medical expense subsidy for blind, physically or mentally disabled, emotionally maladjusted or high risk children.
Sec. 17a-120. (Formerly Sec. 17-44e). Medical expense subsidy for blind, physically or mentally disabled, emotionally maladjusted or high risk children. (a) Any
child who is blind or physically disabled as defined by section 1-1f, mentally disabled,
seriously emotionally maladjusted or has a recognized high risk of physical or mental
disability as defined in the regulations adopted by the Commissioner of Children and
Families pursuant to section 17a-118, who is to be given or has been given in adoption
by a statutory parent, as defined in section 45a-707, shall be eligible for a one hundred
per cent medical expense subsidy in accordance with the fee schedule and payment
procedures under the state Medicaid program administered by the Department of Social
Services where such condition existed prior to such adoption, provided such expenses
are not reimbursed by health insurance, or federal or state payments for health care.
Application for such subsidy shall be made to the Commissioner of Children and Families by such child's adopting or adoptive parent or parents. Said commissioner shall
adopt regulations governing the procedures for application and criteria for determination
of the existence of such condition. A written determination of eligibility shall be made
by said commissioner and may be made prior to or after identification of the adopting
parent or parents. Upon a finding of eligibility, an application for such medical expense
subsidy by the adopting or adoptive parent or parents on behalf of the child shall be
granted, and such adopting or adoptive parent or parents shall be issued a medical identification card for such child by the Department of Children and Families for the purpose
of providing for payment for the medical expense subsidy. The subsidy set forth in this
section shall not preclude the granting of either subsidy set forth in section 17a-117
except, if the child is eligible for subsidy under this section, his adopting parent or
parents shall not be granted a subsidy or subsidies set forth in section 17a-117 that would
be granted for the same purposes as the child's subsidy.
(P.A. 78-266; P.A. 81-403, S. 1; P.A. 86-330, S. 6, 9; P.A. 93-91, S. 1, 2; 93-262, S. 1, 87.)
History: P.A. 81-403 amended Subsec. (a) to allow determination of the child's eligibility before identification of the adopting parents and to specify that the medical expenses subsidy does not preclude either subsidy under Sec. 17-44b unless the subsidies would be granted for the same purposes as the medical expense subsidy, specified in Subsec. (b) that the commissioner make adjustments in the subsidy based on whether the child continues to have a handicap or medical conditions related to a handicap and whether the adoptive parents are still legally responsible for the child and are supporting the child and allowed the commissioner to continue the subsidy until the child's twenty-first birthday under certain circumstances; P.A. 86-330 applied provisions to mentally disabled, emotionally maladjusted and high risk children, added a reference to provisions of Sec. 17-44c, replaced term "handicap" with "condition", required in Subsec. (b) a hearing before the adoption subsidy review board thirty, rather than ten, days prior to the reduction or termination of the subsidy and required the subsidy to continue until the final decision of the board and permitted eligibility for the subsidy to continue until child's twenty-first, rather than eighteenth, birthday if child is still a special needs child and qualifies as a dependent, effective April 1, 1987; Sec. 17-44e transferred to Sec. 17a-120 in 1991; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of income maintenance, effective July 1, 1993.
See Sec. 17a-93 (f) for definition of "statutory parent".
See Sec. 17a-118 re responsibility of Department of Children and Families for adoption assistance agreement and subsidy payment.
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