Interstate adoption assistance compact adopted--text of compact--falseclaims, penalty.
453.500. The "Interstate Adoption Assistance Compact" is hereby enactedinto law authorizing the department of social services to enter intointerstate agreements with agencies of other states for the protection ofchildren on behalf of whom adoption assistance is being provided by the stateof Missouri.
Article I
(a) The Legislature finds that:
1. Finding adoptive families for children for whom state assistance isdesirable, pursuant to the state adoption subsidy programs, and assuring theprotection of the interests of the children affected during the entireassistance period, require special measures when the adoptive parents move toother states or are residents of another state; and
2. Provision of medical and other necessary services for children withstate assistance encounters special difficulties when the provision ofservices takes place in other states.
(b) The purposes of this section are:
1. Authorize the department of social services to enter into interstateagreements with agencies of other states for the protection of children onbehalf of whom adoption assistance is being provided by the department; and
2. Provide procedures for interstate children's adoption assistancepayments, including medical payments.
Article II
1. The department of social services may develop, participate in thedevelopment of, negotiate and enter into one or more interstate compacts onbehalf of this state with other states to implement one or more of thepurposes set forth in this chapter. When so entered into, and for so long asit shall remain in force, such a compact shall have the force and effect oflaw.
2. As used in this section, unless the context clearly indicatesotherwise, the following terms have the following meanings.
A. "Adoption assistance state" means the state that is signatory to anadoption assistance agreement in a particular case.
B. "State" means a state of the United States, the District of Columbia,the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth ofthe Northern Mariana Islands or a territory or possession of or administeredby the United States.
C. "Residence state" means the state of which the child is a resident byvirtue of the residence of the adoptive parents.
Article III
1. A compact entered into pursuant to the authority conferred by thissection shall have the following content:
A. A provision making it available for joinder by all states;
B. A provision or provisions for withdrawal from the compact uponwritten notice to the parties, but with a period of one year between the dateof the notice and the effective date of the withdrawal;
C. A requirement that the protection afforded by or pursuant to thecompact continue in force for the duration of the adoption assistance and beapplicable to all children and their adoptive parents who, on the effectivedate of the withdrawal, are receiving adoption assistance from a party stateother than the one in which they are resident and have their principal placeof abode;
D. A requirement that each instance of adoption assistance to which thecompact applies be covered by an adoption assistance agreement in writingbetween the adoptive parents and the state child welfare agency of the statewhich undertakes to provide the adoption assistance and that any suchagreement be expressly for the benefit of the adopted child and enforceable bythe adoptive parents and the state agency providing the adoption assistance;and
E. Such other provisions as may be appropriate to implement the properadministration of the compact.
Article IV
1. A compact entered into pursuant to the authority conferred by thissection may contain provisions in addition to those required pursuant toArticle III as follows:
A. Provisions establishing procedures and entitlements to medical,developmental, child care or other social services for the child in accordancewith applicable laws, even though the child and the adoptive parents are in astate other than the one responsible for or providing the services or thefunds to defray part or all of the costs thereof; and
B. Such other provisions as may be appropriate or incidental to theproper administration of the compact.
Article V
1. A child resident in this state who is the subject of an adoptionassistance agreement with another state shall be entitled to receive a medicalassistance identification from this state, upon the filing in the departmentof a certified copy of the adoption assistance agreement obtained from theadoption assistance state. In accordance with regulations of the departmentof social services, the adoptive parents shall be required at least annuallyto show that the agreement is still in force or has been renewed.
2. The department of social services shall consider the holder of amedical assistance identification pursuant to this Article as any other holderof a medical assistance identification under the laws of this state and shallprocess and make payment on claims on account of that holder in the samemanner and pursuant to the same conditions and procedures as for otherrecipients of medical assistance.
3. The department of social services shall provide coverage and benefitsfor a child who is in another state and who is covered by an adoptionassistance agreement made by the department of social services for thecoverage or benefits, if any, not provided by the residence state. Theadoptive parents acting for the child may submit evidence of payment forservices or benefit amounts not payable in the residence state and shall bereimbursed. There shall be no reimbursement for services or benefit amountscovered under any insurance or other third-party medical contract orarrangement held by the child or the adoptive parents. The department ofsocial services shall make rules implementing this subsection. The additionalcoverage and benefit amounts provided pursuant to this subsection shall be forservices to the cost of which there is no federal contribution, or which, iffederally aided, are not provided by the residence state. Among other things,the regulations shall include procedures to be followed in obtaining priorapprovals for services in those instances where required for the assistance.
4. The submission of any claim for payment or reimbursement for servicesor benefits, pursuant to this Article or the making of any statement inconnection therewith, which claim or statement the maker knows or should knowto be false, misleading or fraudulent shall be punishable as perjury andsubject to the provisions of the Missouri Criminal Code and other applicablelaws.
5. The provisions of this section shall apply only to medical assistancefor children under adoption assistance agreements from states that haveentered into a compact with this state under which the other state providesmedical assistance to children under adoption assistance agreements made bythis state. All other children entitled to medical assistance, pursuant toadoption assistance agreements entered into by this state, shall be eligibleto receive it in accordance with the laws and procedures applicable thereto.
Article VI
Consistent with federal law, the department of social services inconnection with the administration of this Article and any compact pursuant tothis section, shall include in any state plan made pursuant to the AdoptionAssistance and Child Welfare Act of 1980, Public Law 96-272, Titles IV-E andXIX of the United States Social Security Act, and any other applicable federallaws, the provision of adoption assistance and medical assistance for whichthe federal government pays some or all of the cost. The department of socialservices shall apply for and administer all relevant federal aid, inaccordance with law.
Interstate adoption assistance compact adopted--text of compact--falseclaims, penalty.
453.500. The "Interstate Adoption Assistance Compact" is hereby enactedinto law authorizing the department of social services to enter intointerstate agreements with agencies of other states for the protection ofchildren on behalf of whom adoption assistance is being provided by the stateof Missouri.
Article I
(a) The Legislature finds that:
1. Finding adoptive families for children for whom state assistance isdesirable, pursuant to the state adoption subsidy programs, and assuring theprotection of the interests of the children affected during the entireassistance period, require special measures when the adoptive parents move toother states or are residents of another state; and
2. Provision of medical and other necessary services for children withstate assistance encounters special difficulties when the provision ofservices takes place in other states.
(b) The purposes of this section are:
1. Authorize the department of social services to enter into interstateagreements with agencies of other states for the protection of children onbehalf of whom adoption assistance is being provided by the department; and
2. Provide procedures for interstate children's adoption assistancepayments, including medical payments.
Article II
1. The department of social services may develop, participate in thedevelopment of, negotiate and enter into one or more interstate compacts onbehalf of this state with other states to implement one or more of thepurposes set forth in this chapter. When so entered into, and for so long asit shall remain in force, such a compact shall have the force and effect oflaw.
2. As used in this section, unless the context clearly indicatesotherwise, the following terms have the following meanings.
A. "Adoption assistance state" means the state that is signatory to anadoption assistance agreement in a particular case.
B. "State" means a state of the United States, the District of Columbia,the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth ofthe Northern Mariana Islands or a territory or possession of or administeredby the United States.
C. "Residence state" means the state of which the child is a resident byvirtue of the residence of the adoptive parents.
Article III
1. A compact entered into pursuant to the authority conferred by thissection shall have the following content:
A. A provision making it available for joinder by all states;
B. A provision or provisions for withdrawal from the compact uponwritten notice to the parties, but with a period of one year between the dateof the notice and the effective date of the withdrawal;
C. A requirement that the protection afforded by or pursuant to thecompact continue in force for the duration of the adoption assistance and beapplicable to all children and their adoptive parents who, on the effectivedate of the withdrawal, are receiving adoption assistance from a party stateother than the one in which they are resident and have their principal placeof abode;
D. A requirement that each instance of adoption assistance to which thecompact applies be covered by an adoption assistance agreement in writingbetween the adoptive parents and the state child welfare agency of the statewhich undertakes to provide the adoption assistance and that any suchagreement be expressly for the benefit of the adopted child and enforceable bythe adoptive parents and the state agency providing the adoption assistance;and
E. Such other provisions as may be appropriate to implement the properadministration of the compact.
Article IV
1. A compact entered into pursuant to the authority conferred by thissection may contain provisions in addition to those required pursuant toArticle III as follows:
A. Provisions establishing procedures and entitlements to medical,developmental, child care or other social services for the child in accordancewith applicable laws, even though the child and the adoptive parents are in astate other than the one responsible for or providing the services or thefunds to defray part or all of the costs thereof; and
B. Such other provisions as may be appropriate or incidental to theproper administration of the compact.
Article V
1. A child resident in this state who is the subject of an adoptionassistance agreement with another state shall be entitled to receive a medicalassistance identification from this state, upon the filing in the departmentof a certified copy of the adoption assistance agreement obtained from theadoption assistance state. In accordance with regulations of the departmentof social services, the adoptive parents shall be required at least annuallyto show that the agreement is still in force or has been renewed.
2. The department of social services shall consider the holder of amedical assistance identification pursuant to this Article as any other holderof a medical assistance identification under the laws of this state and shallprocess and make payment on claims on account of that holder in the samemanner and pursuant to the same conditions and procedures as for otherrecipients of medical assistance.
3. The department of social services shall provide coverage and benefitsfor a child who is in another state and who is covered by an adoptionassistance agreement made by the department of social services for thecoverage or benefits, if any, not provided by the residence state. Theadoptive parents acting for the child may submit evidence of payment forservices or benefit amounts not payable in the residence state and shall bereimbursed. There shall be no reimbursement for services or benefit amountscovered under any insurance or other third-party medical contract orarrangement held by the child or the adoptive parents. The department ofsocial services shall make rules implementing this subsection. The additionalcoverage and benefit amounts provided pursuant to this subsection shall be forservices to the cost of which there is no federal contribution, or which, iffederally aided, are not provided by the residence state. Among other things,the regulations shall include procedures to be followed in obtaining priorapprovals for services in those instances where required for the assistance.
4. The submission of any claim for payment or reimbursement for servicesor benefits, pursuant to this Article or the making of any statement inconnection therewith, which claim or statement the maker knows or should knowto be false, misleading or fraudulent shall be punishable as perjury andsubject to the provisions of the Missouri Criminal Code and other applicablelaws.
5. The provisions of this section shall apply only to medical assistancefor children under adoption assistance agreements from states that haveentered into a compact with this state under which the other state providesmedical assistance to children under adoption assistance agreements made bythis state. All other children entitled to medical assistance, pursuant toadoption assistance agreements entered into by this state, shall be eligibleto receive it in accordance with the laws and procedures applicable thereto.
Article VI
Consistent with federal law, the department of social services inconnection with the administration of this Article and any compact pursuant tothis section, shall include in any state plan made pursuant to the AdoptionAssistance and Child Welfare Act of 1980, Public Law 96-272, Titles IV-E andXIX of the United States Social Security Act, and any other applicable federallaws, the provision of adoption assistance and medical assistance for whichthe federal government pays some or all of the cost. The department of socialservices shall apply for and administer all relevant federal aid, inaccordance with law.
Interstate adoption assistance compact adopted--text of compact--falseclaims, penalty.
453.500. The "Interstate Adoption Assistance Compact" is hereby enactedinto law authorizing the department of social services to enter intointerstate agreements with agencies of other states for the protection ofchildren on behalf of whom adoption assistance is being provided by the stateof Missouri.
Article I
(a) The Legislature finds that:
1. Finding adoptive families for children for whom state assistance isdesirable, pursuant to the state adoption subsidy programs, and assuring theprotection of the interests of the children affected during the entireassistance period, require special measures when the adoptive parents move toother states or are residents of another state; and
2. Provision of medical and other necessary services for children withstate assistance encounters special difficulties when the provision ofservices takes place in other states.
(b) The purposes of this section are:
1. Authorize the department of social services to enter into interstateagreements with agencies of other states for the protection of children onbehalf of whom adoption assistance is being provided by the department; and
2. Provide procedures for interstate children's adoption assistancepayments, including medical payments.
Article II
1. The department of social services may develop, participate in thedevelopment of, negotiate and enter into one or more interstate compacts onbehalf of this state with other states to implement one or more of thepurposes set forth in this chapter. When so entered into, and for so long asit shall remain in force, such a compact shall have the force and effect oflaw.
2. As used in this section, unless the context clearly indicatesotherwise, the following terms have the following meanings.
A. "Adoption assistance state" means the state that is signatory to anadoption assistance agreement in a particular case.
B. "State" means a state of the United States, the District of Columbia,the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth ofthe Northern Mariana Islands or a territory or possession of or administeredby the United States.
C. "Residence state" means the state of which the child is a resident byvirtue of the residence of the adoptive parents.
Article III
1. A compact entered into pursuant to the authority conferred by thissection shall have the following content:
A. A provision making it available for joinder by all states;
B. A provision or provisions for withdrawal from the compact uponwritten notice to the parties, but with a period of one year between the dateof the notice and the effective date of the withdrawal;
C. A requirement that the protection afforded by or pursuant to thecompact continue in force for the duration of the adoption assistance and beapplicable to all children and their adoptive parents who, on the effectivedate of the withdrawal, are receiving adoption assistance from a party stateother than the one in which they are resident and have their principal placeof abode;
D. A requirement that each instance of adoption assistance to which thecompact applies be covered by an adoption assistance agreement in writingbetween the adoptive parents and the state child welfare agency of the statewhich undertakes to provide the adoption assistance and that any suchagreement be expressly for the benefit of the adopted child and enforceable bythe adoptive parents and the state agency providing the adoption assistance;and
E. Such other provisions as may be appropriate to implement the properadministration of the compact.
Article IV
1. A compact entered into pursuant to the authority conferred by thissection may contain provisions in addition to those required pursuant toArticle III as follows:
A. Provisions establishing procedures and entitlements to medical,developmental, child care or other social services for the child in accordancewith applicable laws, even though the child and the adoptive parents are in astate other than the one responsible for or providing the services or thefunds to defray part or all of the costs thereof; and
B. Such other provisions as may be appropriate or incidental to theproper administration of the compact.
Article V
1. A child resident in this state who is the subject of an adoptionassistance agreement with another state shall be entitled to receive a medicalassistance identification from this state, upon the filing in the departmentof a certified copy of the adoption assistance agreement obtained from theadoption assistance state. In accordance with regulations of the departmentof social services, the adoptive parents shall be required at least annuallyto show that the agreement is still in force or has been renewed.
2. The department of social services shall consider the holder of amedical assistance identification pursuant to this Article as any other holderof a medical assistance identification under the laws of this state and shallprocess and make payment on claims on account of that holder in the samemanner and pursuant to the same conditions and procedures as for otherrecipients of medical assistance.
3. The department of social services shall provide coverage and benefitsfor a child who is in another state and who is covered by an adoptionassistance agreement made by the department of social services for thecoverage or benefits, if any, not provided by the residence state. Theadoptive parents acting for the child may submit evidence of payment forservices or benefit amounts not payable in the residence state and shall bereimbursed. There shall be no reimbursement for services or benefit amountscovered under any insurance or other third-party medical contract orarrangement held by the child or the adoptive parents. The department ofsocial services shall make rules implementing this subsection. The additionalcoverage and benefit amounts provided pursuant to this subsection shall be forservices to the cost of which there is no federal contribution, or which, iffederally aided, are not provided by the residence state. Among other things,the regulations shall include procedures to be followed in obtaining priorapprovals for services in those instances where required for the assistance.
4. The submission of any claim for payment or reimbursement for servicesor benefits, pursuant to this Article or the making of any statement inconnection therewith, which claim or statement the maker knows or should knowto be false, misleading or fraudulent shall be punishable as perjury andsubject to the provisions of the Missouri Criminal Code and other applicablelaws.
5. The provisions of this section shall apply only to medical assistancefor children under adoption assistance agreements from states that haveentered into a compact with this state under which the other state providesmedical assistance to children under adoption assistance agreements made bythis state. All other children entitled to medical assistance, pursuant toadoption assistance agreements entered into by this state, shall be eligibleto receive it in accordance with the laws and procedures applicable thereto.
Article VI
Consistent with federal law, the department of social services inconnection with the administration of this Article and any compact pursuant tothis section, shall include in any state plan made pursuant to the AdoptionAssistance and Child Welfare Act of 1980, Public Law 96-272, Titles IV-E andXIX of the United States Social Security Act, and any other applicable federallaws, the provision of adoption assistance and medical assistance for whichthe federal government pays some or all of the cost. The department of socialservices shall apply for and administer all relevant federal aid, inaccordance with law.
