[Code of Federal Regulations]

[Title 42, Volume 3]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR435.227]



[Page 124]

 

                         TITLE 42--PUBLIC HEALTH

 

  CHAPTER IV--CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF 

                  HEALTH AND HUMAN SERVICES (CONTINUED)

 

PART 435_ELIGIBILITY IN THE STATES, DISTRICT OF COLUMBIA, THE NORTHERN 

MARIANA ISLANDS, AND AMERICAN SAMOA--Table of Contents

 

          Subpart C_Options for Coverage as Categorically Needy

 

Sec. 435.227  Individuals under age 21 who are under State adoption 

assistance agreements.



    (a) The agency may provide Medicaid to individuals under the age of 

21 (or, at State option, age 20, 19, or 18)--

    (1) For whom an adoption agreement (other than an agreement under 

title IV-E) between the State and the adoptive parent(s) is in effect;

    (2) Who, the State agency responsible for adoption assistance, has 

determined cannot be placed with adoptive parents without Medicaid 

because the child has special needs for medical or rehabilitative care; 

and

    (3) Who meet either of the following:

    (i) Were eligible for Medicaid under the State plan before the 

adoption agreement was entered into; or

    (ii) Would have been eligible for Medicaid before the adoption 

agreement was entered into, if the eligibility standards and 

methodologies of the title IV-E foster care program were used without 

employing the threshold title IV-A eligibility determination.

    (b) For adoption assistance agreements entered into before April 7, 

1986--

    (1) The agency must deem the requirements of paragraphs (a)(1) and 

(2) of this section to be met if the State adoption assistance agency 

determines that--

    (i) At the time of the adoption placement, the child had special 

needs for medical or rehabilitative care that made the child difficult 

to place; and

    (ii) There is in effect an adoption assistance agreement between the 

State and the adoptive parent(s).

    (2) The agency must deem the requirements of paragraph (a)(3) of 

this section to be met if the child was found by the State to be 

eligible for Medicaid before the adoption assistance agreement was 

entered into.



[55 FR 48608, Nov. 21, 1990]