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The 192nd General Court of the Commonwealth of Massachusetts

Section 22: Adoption and medical assistance for interstate children; interstate compacts

Section 22. As used in this section, unless the context clearly requires otherwise, the following terms shall have the following meanings:

''Adoption assistance state'', the state that is a signatory to an adoption assistance agreement in a particular case.

''State'', 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.

''Residence state'', the state in which the child is a resident by virtue of the residence of the adoptive parents.

The department, with the concurrence of the department of transitional assistance may develop, participate in the development of, negotiate and enter into one or more interstate compacts on behalf of the commonwealth with other states to implement one or more of the following purposes: for the protection of children on behalf of whom adoption assistance is being provided by the department; and to provide procedures for adoption assistance payments and medical payments for interstate children. 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.

A compact entered into pursuant to the provisions of this section shall have: a provision making it available for joinder by all states; a provision for withdrawal from the compact upon written notice to the parties, but with a period of one year between the date of such notice and the effective date of such withdrawal; 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; 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 such other provisions as may be appropriate to implement the proper administration of the compact.

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

The department of transitional assistance shall consider the holder of a medical assistance identification pursuant to this section as any other holder of a medical assistance identification under the laws of the commonwealth 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 set forth for other recipients of medical assistance.

Whoever submits any claim for payment or reimbursement for services or benefits, pursuant to this section 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 guilty of perjury and subject to criminal and civil liability under the laws of the commonwealth.

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 the commonwealth under which such other state provides medical assistance to children with special needs under adoption assistance agreements made in the commonwealth. All other children entitled to medical assistance, pursuant to adoption assistance agreements entered into by the commonwealth shall be eligible to receive such medical assistance in accordance with the laws and procedures relative thereto.

Consistent with federal law, the department, pursuant to the provisions of this section, and any compact entered into hereunder, 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. Said department shall apply for and administer all relevant federal aid, in accordance with law.