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8.2B.8  TITLE IV-E, Adoption Assistance Program, Eligibility, Medicaid

1. Is Title XIX coverage required under title IV-E Adoption Assistance?

2. Some States are requiring adoptive parents to complete annual renewals of their adoption assistance agreements. Does title IV-E require the State or local agency to perform annual renewals or eligibility determinations for adoption assistance?

Answer: Yes. Section 473 (b) of the Social Security Act clearly establishes that a child receiving foster care maintenance payments or adoption assistance payments is treated as a child who is a recipient of Aid to Families with Dependent Children (AFDC).

In addition, section 2171 of the Omnibus Budget Reconciliation Act of 1981 (P.L. 97-35) subsequently amended section 1902 (a)(10)(A) to specifically require eligibility for title XIX (Medicaid) services for "all individuals receiving aid or assistance under any plan of the State approved under...part A or part E of title IV". Consequently, to the extent that the State has a title XIX program, children covered by title IV-E are statutorily eligible.

• Source/Date: ACYF-CB-PIQ-82-16 (6/21/82)
• Legal and Related References: Social Security Act - sections 471, 473 and 1902; Omnibus Budget Reconciliation Act of 1981 (P.L. 97-35)

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Answer: This question has moved to 8.2B.9; question 2

• Source/Date:
• Legal and Related References:

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