Section 453.500

Title XXX DOMESTIC RELATIONS

Chapter 453

Effective - 28 Aug 1985   

  453.500.  Interstate adoption assistance compact adopted — text of compact — false claims, penalty. — The "Interstate Adoption Assistance Compact" is hereby enacted into law authorizing the department of social services to enter into interstate agreements with agencies of other states for the protection of children on behalf of whom adoption assistance is being provided by the state of Missouri.  

Article I

(a)  The Legislature finds that:

1.  Finding adoptive families for children for whom state assistance is desirable, pursuant to the state adoption subsidy programs, and assuring the protection of the interests of the children affected during the entire assistance period, require special measures when the adoptive parents move to other states or are residents of another state; and

2.  Provision of medical and other necessary services for children with state assistance encounters special difficulties when the provision of services takes place in other states.

(b)  The purposes of this section are:

1.  Authorize the department of social services to enter into interstate agreements with agencies of other states for the protection of children on behalf of whom adoption assistance is being provided by the department; and

2.  Provide procedures for interstate children's adoption assistance payments, including medical payments.  

Article II

1.  The department of social services may develop, participate in the development of, negotiate and enter into one or more interstate compacts on behalf of this state with other states to implement one or more of the purposes set forth in this chapter.  When so entered into, and for so long as it shall remain in force, such a compact shall have the force and effect of law.

2.  As used in this section, unless the context clearly indicates otherwise, the following terms have the following meanings.

A.  "Adoption assistance state" means the state that is signatory to an adoption 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 of the Northern Mariana Islands or a territory or possession of or administered by the United States.

C.  "Residence state" means the state of which the child is a resident by virtue of the residence of the adoptive parents.  

Article III

1.  A compact entered into pursuant to the authority conferred by this section 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 upon written notice to the parties, but with a period of one year between the date of the notice and the effective date of the withdrawal;

C.  A requirement that the protection afforded by or pursuant to the compact continue in force for the duration of the adoption assistance and be applicable to all children and their adoptive parents who, on the effective date of the withdrawal, are receiving adoption assistance from a party state other than the one in which they are resident and have their principal place of abode;

D.  A requirement that each instance of adoption assistance to which the compact applies be covered by an adoption assistance agreement in writing between the adoptive parents and the state child welfare agency of the state which undertakes to provide the adoption assistance and that any such agreement be expressly for the benefit of the adopted child and enforceable by the adoptive parents and the state agency providing the adoption assistance; and

E.  Such other provisions as may be appropriate to implement the proper administration of the compact.  

Article IV

1.  A compact entered into pursuant to the authority conferred by this section may contain provisions in addition to those required pursuant to Article III as follows:

A.  Provisions establishing procedures and entitlements to medical, developmental, child care or other social services for the child in accordance with applicable laws, even though the child and the adoptive parents are in a state other than the one responsible for or providing the services or the funds to defray part or all of the costs thereof; and

B.  Such other provisions as may be appropriate or incidental to the proper administration of the compact.  

Article V

1.  A child resident in this state who is the subject of an adoption assistance agreement with another state shall be entitled to receive a medical assistance identification from this state, upon the filing in the department of a certified copy of the adoption assistance agreement obtained from the adoption assistance state.  In accordance with regulations of the department of social services, the adoptive parents shall be required at least annually to show that the agreement is still in force or has been renewed.

2.  The department of social services shall consider the holder of a medical assistance identification pursuant to this Article as any other holder of a medical assistance identification under the laws of this state and shall process and make payment on claims on account of that holder in the same manner and pursuant to the same conditions and procedures as for other recipients of medical assistance.

3.  The department of social services shall provide coverage and benefits for a child who is in another state and who is covered by an adoption assistance agreement made by the department of social services for the coverage or benefits, if any, not provided by the residence state.  The adoptive parents acting for the child may submit evidence of payment for services or benefit amounts not payable in the residence state and shall be reimbursed.  There shall be no reimbursement for services or benefit amounts covered under any insurance or other third-party medical contract or arrangement held by the child or the adoptive parents.  The department of social services shall make rules implementing this subsection.  The additional coverage and benefit amounts provided pursuant to this subsection shall be for services to the cost of which there is no federal contribution, or which, if federally aided, are not provided by the residence state.  Among other things, the regulations shall include procedures to be followed in obtaining prior approvals for services in those instances where required for the assistance.

4.  The submission of any claim for payment or reimbursement for services or benefits, pursuant to this Article or the making of any statement in connection therewith, which claim or statement the maker knows or should know to be false, misleading or fraudulent shall be punishable as perjury and subject to the provisions of the Missouri Criminal Code and other applicable laws.

5.  The provisions of this section shall apply only to medical assistance for children under adoption assistance agreements from states that have entered into a compact with this state under which the other state provides medical assistance to children under adoption assistance agreements made by this state.  All other children entitled to medical assistance, pursuant to adoption assistance agreements entered into by this state, shall be eligible to receive it in accordance with the laws and procedures applicable thereto.  

Article VI

Consistent with federal law, the department of social services in connection with the administration of this Article and any compact pursuant to this section, shall include in any state plan made pursuant to the Adoption Assistance and Child Welfare Act of 1980, Public Law 96-272, Titles IV-E and XIX of the United States Social Security Act, and any other applicable federal laws, the provision of adoption assistance and medical assistance for which the federal government pays some or all of the cost.  The department of social services shall apply for and administer all relevant federal aid, in accordance with law.

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(L. 1985 H.B. 366, et al. § 2)