So long as it is not prohibited under federal law, the act permits adoptive parents who are parties to an adoption assistance agreement (agreement) to pay for services or items from a provider that is not enrolled in the medical assistance program. The services or items would otherwise be reimbursable under the medical assistance program pursuant to the terms of the agreement.
The adoptive parents must determine if the special needs of the child or youth require items or services from the provider and must enter into a written agreement with the provider in which the adoptive parents agree to bear the cost of the items or services. The adoptive parents shall not seek reimbursement from the adoption assistance program or the medical assistance program after such items and services have been provided and paid for pursuant to the written agreement. Further, a county department of human or social services is not required to cover the cost of the items or services as part of the circumstances of the family or the anticipated needs of the eligible child or youth during subsidy negotiations; however, the act does not preclude consideration of any other family circumstances or anticipated needs for purposes of negotiating adoption assistance.
The act requires the department of health care policy and financing to seek any federal authorization necessary pursuant to the medical assistance program to implement the policy.
(Note: This summary applies to this bill as enacted.)