Is it necessary for an adoption assistance maintenance payment to be made on behalf of a Title IV-E adoption assistance eligible child in order for the child to receive Medicaid?

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Is it necessary for an adoption assistance maintenance payment to be made on behalf of a Title IV-E adoption assistance eligible child in order for the child to receive Medicaid?

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No, it is not necessary for a child to receive a Title IV-E adoption assistance maintenance payment in order to receive Medicaid. The law only requires that an adoption assistance agreement be in effect under Title IV-E of the Social Security Act, “whether or not adoption assistance is being provided”. Note: States have various names for an adoption assistance agreement with a maintenance payment of zero. These agreements are often called deferred adoption assistance. States also refer to them as “dormant subsidies”, “zero cash payment agreements”, “agreement only assistance”, “medical/Medicaid only agreements”, and “conditional agreements”. A deferred adoption assistance agreement allows the adoptive family an opportunity to activate assistance and/or add a maintenance payment after adoption finalization if there is a change in the needs of the child. Cite: 42 U.S.C. §§673(b) and 1396a (10)(A)(i)(I); 42 C.F.R. §§435.115 (e)(1) and 435.145.

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