|
Search Keywords or type in your question (min 3 char.)
|
|
|
|
Attached Document:
09-ocfs-adm-14.pdf
OMM/OCFS/OTDA Materials: ADMs Issued by OCFS
09-OCFS-ADM-14: Changes in Adoption Subsidy: Medicaid under the Provisions of COBRA, Subsidy Eligibility, and the Review and Approval of the Subsidy Agreement
|
The purpose of this directive is to inform social services districts and voluntary authorized agencies of changes to New York State (State) adoption subsidy policy. Those changes include:
A. Provision of Medicaid to Adoption Subsidy Eligible Children
This release clarifies State policy regarding non-Title IV-E subsidy eligible children who may qualify for Medicaid under the provisions of the federal Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1985. The categories of eligible children include children with special needs who meet the State's definition of hard-to-place and children who lose Title IV-E eligibility following adoption and otherwise meet the eligibility requirements for Medicaid under the provisions of COBRA.
B. Changes that Impact Subsidy Eligibility and the Subsidy Approval Process
This release implements the provisions of Chapter 469 of the Laws of 2007 that in certain situations allow adoption subsidy for a child freed for adoption subsequent to his or her 18th birthday; and for adoption subsidy to continue to the guardian or custodian of an adopted child whose parent(s) die prior to the child's 18th birthday. Also addressed in this release are the provisions of Chapter 518 of the Laws of 2006 that provide for the continuation of adoption subsidy payments for an adopted child between the ages of 18 to 21 to a legal guardian, or the adopted child, or to a representative payee, if the adopted parent(s) die after the child's 18th birthday. Although the provisions of Chapter 518 of the Laws of 2006 were previously presented in 06-OCFS-ADM-07, 2006 State Adoption, Termination of Parental Rights and Surrender Legislation, the procedures needed to fully implement the statutory provisions are presented in this release. This release implements changes that streamline the adoption subsidy approval process, including:
a reduction in the documentation to be submitted with an Adoption Subsidy Agreement for a handicapped adoption subsidy; the expansion of the category of professionals from whom documentation can be accepted; the provision of a standard for "presumptive eligibility" for a handicapped adoption subsidy; and a clarification of the manner in which the twelve-month time frame is calculated for the hard-to-place adoption subsidy category. Also, the criteria for applying for a post-finalization amendment to an approved Adoption Subsidy Agreement is revised to allow for a modification to any section of the Adoption Subsidy Agreement due to a change in the child's condition, a change in the parent's personal situation, the need to correct an error made on the approved Adoption Subsidy Agreement, and the need to implement State statutory changes that impact subsidy eligibility.
C. Adoption Subsidy Forms
New Adoption Subsidy Agreement forms are being implemented with this release. Where applicable, the changes described in this release are reflected in the forms. Note: Due to the number of changes presented in this release, a table of contents has been provided to aid in locating a particular topic.
|
|
Created: 8/12/2009
|
|
