18 Miss. Code. R. 6-1-G-XI

Current through December 10, 2024
Section 18-6-1-G-XI - MEDICAID CARDS FOR IV-E ADOPTION ASSISTANCE RECIPIENTS FROM OTHER STATES

The Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1986 allows IV-E Foster Children and children receiving IV-E Adoption Assistance to be eligible for Medicaid coverage in the State where they reside. The children are automatically eligible for Medicaid coverage.

Correspondence will be routed through the ICPC if the child has not been adopted. If the child has been adopted, correspondence will be routed to the Adoption Assistance Supervisor, Adoption Unit.

Families from non-ICAMA states will be instructed to send to the Adoption Unit:

1. The Federal (IV-E) Adoption Assistance Agreement form 431 (the most recent agreement form). The agreement form will verify the child's date of birth.
2. A copy of the state of origin's letter requesting Mississippi Medicaid.
3. A copy of the child's social security card.
4. A copy of the state of origin's annually certified renewal agreement of need for continued Adoption Assistance.
5. Race and sex of child.
6. Current address and telephone number of the adoptive family.

ICAMA states will submit to the Adoption Unit the ICAMA papers and each child's most recent IV-E Adoption Assistance Agreement form.

All documentation shall be sent to the Adoption Unit no later than the 14th day of each month in order to generate a Mississippi Medicaid card for the child. The card is mailed directly to the adoptive family home address by Mississippi Medicaid. Written notification of changes of address are to be mailed to the Adoption Unit.

For foster children from other states who are placed for adoption with Mississippi families but are not yet receiving Adoption Assistance from the sending state, DFCS Workers shall follow the procedures for Receipt of Medicaid cards for IV-E foster children (Foster Care Policy Section D). The Adoption Unit shall be notified when the sending state begins Adoption Assistance eligibility, and the procedures for Request for Mississippi Medicaid card for IV-E Adoption Assistance Recipients from other states will be followed.

A.Procedure for Child in MDHS/DFCS Custody with Interstate Compact Placement for Adoption

Child has to be in custody of DFCS or a licensed child-placing agency; legally free for adoption; and have been certified as a child with special needs.

1. An approved home study is received from the other state by the ICPC Adoption Specialist.
2. The ICPC Worker routes the case with the approved home study to the Administrator, Adoption Unit for approval or disapproval.
3. If the child has been certified eligible for IV-E Adoption Assistance, the Federal Adoption Assistance Agreements are completed by the Adoption Assistance worker.
4. Agreements plus a letter are sent to the origin state by the ICPC worker.
5. The approved negotiated Agreement forms are received by the ICPC worker; the forms are routed for approval to the Administrator Adoption Unit.
6. ICAMA forms and the Agreement are completed and mailed to the origin state to notify the state of the child's receipt of Adoption Assistance.

NOTE: IV-E approved Agreement forms need to be in place prior to placement of the child.

A non-IV-E child who was determined eligible for Mississippi Adoption Assistance but was to be placed for adoption through ICPC would follow the same procedures, except the family approved to adopt a Non-IV-E child would be a licensed Resource Home for foster care payments.

The family would inquire in the other state's Department of Human Services, Social Services Department as to the child's eligibility to receive the resident state's Medicaid services.

B.Non-Recurring Adoption Expenses

DFCS may provide reimbursement for non-recurring adoption expenses incurred by adoptive parents in the adoption of a child with special needs.

* Eligibility - In order to be eligible for reimbursement of non-recurring expenses, the following criteria must be met:

a. DFCS must determine the child cannot or should not return home.
b. DFCS must determine the child meets the definition of a special-needs child.
c. An adoption assistance agreement must be signed and approved by the DFCS prior to finalization of the adoption.
d. The child must have been placed for adoption in accordance with all applicable laws.

Families adopting children through licensed child-placing agencies, independent adoptions, and inter-country adoptions may be eligible for reimbursements of non-recurring expenses provided that placement is not in violation of the law and provided all criteria in this section are met, including the DFCS definition of a special-needs child.

There is no means (income/resources) tests for adoptive parents in determining eligibility for non-recurring expense reimbursement. However, adoptive parents may not be reimbursed for expenses for which they have otherwise been reimbursed.

The child's eligibility for Title IV-E Adoption Assistance is not a requirement for reimbursement of non-recurring expenses.

* Benefits - Only the one-time expenses of adoption for which the adoptive parents are responsible for payment are considered to be non-recurring expenses. These include the reasonable and necessary adoption expenses which are directly related to the legal adoption of a child with special needs, which are not incurred in violation of state or federal law, and which have not been reimbursed from other sources or other funds, including attorney fees, court costs, criminal records clearance, the adoption home study performed by a licensed child-placing agency, medical and psychological evaluations required by DFCS or the agency, supervision of the placement, and the reasonable costs of lodging and food for child and/or adoptive parents necessary to complete the adoption process.

The maximum amount of reimbursement will not exceed $1,000.00 per child.

* Procedures - During the home study process, the Worker shall advise applicants of the availability of reimbursement for expenses under the conditions described in this section. At the time of placement and until the issuance of the Final Decree of Adoption, the Adoption Unit may enter into an assistance agreement with the adoptive parents for reimbursement of non-recurring expenses.

Adoptive parents must pay for expenses incurred and provide the Adoption Unit with the original paid receipts in order to claim reimbursement. All claims for reimbursement must be made within two years of the date of the Final Decree of Adoption.

In interstate placements, the state which enters into the agreement for on-going state or federal Adoption Assistance will also be responsible for reimbursement of non-recurring expenses. If there is no on-going subsidy, the state where the adoption is to be finalized will be responsible for reimbursement.

18 Miss. Code. R. 6-1-G-XI

Amended 5/7/2015
Amended 5/29/2015
Amended 8/29/2015
Amended 11/28/2015
Amended 6/23/2016
Amended 7/31/2016