Ohio Administrative Code|Rule 5160:1-4-06 | Medicaid: coverage for individuals in receipt of adoption or foster care assistance.

                                                

(A) This rule describes eligibility
criteria for medical assistance for individuals who are in receipt
of:

(1) Adoption or foster
care assistance under Title IV-E of the Social Security Act (as in effect
October 1, 2019); or

(2) State foster care
assistance; or

(3) State adoption
assistance subsidies; or

(4) State adoption
assistance in accordance with 42 C.F.R. 435.227 (as in effect October 1,
2019).

(B) Individual or authorized
representative responsibilities. The individual or authorized representative
must:

(1) Sign and date the
application; and

(2) Meet the conditions
of eligibility described in rule 5160:1-2-10 of the Administrative Code;
and

(3) Cooperate in
establishing eligibility; and

(4) Report changes that
impact the eligibility criteria identified in this rule in accordance with rule
5160:1-2-08 of the Administrative Code.

(C) Eligibility criteria for an
individual in receipt of adoption or foster care assistance under Title IV-E of
the Social Security Act (as in effect October 1, 2019).

(1) The individual
must:

(a) Meet the age requirements identified in Chapter 5101:2-47 of
the Administrative Code and be in the custody of a public children services
agency (PCSA), private child placing agency (PCPA), or Title IV-E agency and in
receipt of Title IV-E foster care maintenance payments; or

(b) Meet the age requirements identified in Chapter 5101:2-49 of
the Administrative Code and have a Title IV-E adoption agreement in effect,
whether or not an adoption assistance payment is being made or a judicial
decree of adoption has been issued.

(2) If the individual
receives adoption or foster care assistance under Title IV-E of the Social
Security Act and meets the eligibility criteria under this paragraph, there is
no income or resource test required to be eligible for medical
assistance.

(D) Eligibility criteria for an
individual in receipt of state foster care assistance.

(1) The individual
must:

(a) Be in the custody of a PCSA, PCPA, or Title IV-E agency;
and

(b) Be in receipt of state foster care assistance.

(2) If the individual
receives state foster care assistance and meets the eligibility criteria under
this paragraph, there is no income or resource test required to be eligible for
medical assistance.

(E) Eligibility criteria for an
individual in receipt of a state adoption assistance subsidy.

(1) The individual
must:

(a) Meet the age requirements identified in rule 5101:2-44-06 of
the Administrative Code; and

(b) Have a state adoption agreement in effect, whether or not a
judicial decree of adoption has been issued.

(2) If the individual
receives a state adoption assistance subsidy and meets the eligibility criteria
under this paragraph, there is no income or resource test required to be
eligible for medical assistance.

(F) Eligibility criteria for an
individual in receipt of state adoption assistance in accordance with 42 C.F.R.
435.227 (as in effect October 1, 2019).

(1) The individual
must:

(a) Be under the age of twenty-one; and

(b) Have been determined by the PCSA responsible for determining
state adoption maintenance subsidy program eligibility to have special needs
for medical or rehabilitative care that may be a barrier to the adoptive
placement, as described in rule 5101:2-44-05.1 of the Administrative Code, or
have a state adoption subsidy agreement in effect with another state, as
described in rule 5101:2-44-05.2 of the Administrative Code; and

(c) Have been receiving or eligible to receive medicaid prior to
the execution of the adoption agreement, under any category of medical
assistance.

(2) If the individual
receives state adoption assistance, has special needs for medical or
rehabilitative care, and meets the eligibility criteria under this paragraph,
there is no income or resource test required to be eligible for medical
assistance.

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