600.23 Adoption assistance compact. 1. Purpose. The department may enter into interstate agreements with state agencies of other states for the protection of children on behalf of whom adoption subsidy is beingprovided by the department and to provide procedures for interstate children’s adoptionassistance payments, including medical payments. 2. Compact authorization and definitions.a. The department may enter into interstate agreements with state agencies of other states for the provision of medical services to adoptive families who participate in the subsidizedadoption or adoption assistance program. b. The department 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 implementone or more of the purposes set forth in this section. When so entered into, and for so longas it shall remain in force, such a compact shall have the force and effect of law. c. For the purposes of this section, the term '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 ection, the term '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 oradministered by the United States. d. For the purposes of this section, the term 'adoption assistance or subsidized adoption state' means the state that is signatory to an adoption assistance agreement in a particularcase. e. For the purposes of this section, the term 'residence state' means the state of which the child is a resident by virtue of the residence of the adoptive parents. 3. Compact contents. 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 ofthe withdrawal. c. A requirement that the protections afforded by or pursuant to the compact continue in force for the duration of the adoption assistance and be applicable to all children and theiradoptive hdrawal. c. A requirement that the protections afforded by or pursuant to the compact continue in force for the duration of the adoption assistance and be applicable to all children and theiradoptive parents who on the effective date of the withdrawal are receiving adoption assistancefrom a party state other than the one in which they are resident and have their principal placeof 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 parentsand the state child welfare agency of the state which undertakes to provide the adoptionassistance, and that any such agreement be expressly for the benefit of the adopted child andenforceable by the adoptive parents, and the state agency providing the adoption assistance. e. Such other provisions as may be appropriate to implement the proper administration of the compact. 4. Medical assistance.a. A child with special needs residing in this state who is the subject of an adoption assistance agreement with another state shall be entitled to receive a medical assistancecard from this state upon the filing of a certified copy of ng in this state who is the subject of an adoption assistance agreement with another state shall be entitled to receive a medical assistancecard from this state upon the filing of a certified copy of the adoption assistance agreementobtained from the adoption assistance state. In accordance with regulations of the department, the adoptive parents shall be required at least annually to show that theagreement is still in force or has been renewed. b. The department shall consider the holder of a medical assistance card pursuant to this section as any other holder of a medical assistance card under the laws of this state and shallprocess and make payment on claims on account of such holder in the same manner andpursuant to the same conditions and procedures as for other recipients of medical assistance. c. The department shall provide coverage and benefits for a child who is in another state and who is covered by an adoption subsidy agreement made prior to July 1, 1987, by thedepartment for the coverage or benefits, if any, not provided by the residence state. Theadoptive parents acting for the child may submit evidence of payment for services or benefit Sat Dec 23 11:13:45 2023 Iowa or the coverage or benefits, if any, not provided by the residence state. Theadoptive parents acting for the child may submit evidence of payment for services or benefit Sat Dec 23 11:13:45 2023 Iowa Code 2024, Section 600.23 (19, 1) §600.23, ADOPTION 2 amounts not payable in the residence state and shall be reimbursed for such expense.However, reimbursement shall not be made for services or benefit amounts covered underany insurance or other third party medical contract or arrangement held by the child orthe adoptive parents. The additional coverages and benefit amounts provided pursuant tothis subsection shall be for services to the cost of which there is no federal contribution, orwhich, if federally aided, are not provided by the residence state. Such regulations shallinclude procedures to be followed in obtaining prior approvals for services in those instanceswhere required for the assistance. d. A person who submits a claim for payment or reimbursement for services or benefits pursuant to this subsection or makes any statement in connection therewith, which claim orstatement the maker knows or should know to be false, misleading, or fraudulent is guilty ofan aggravated its pursuant to this subsection or makes any statement in connection therewith, which claim orstatement the maker knows or should know to be false, misleading, or fraudulent is guilty ofan aggravated misdemeanor. e. This subsection applies only to medical assistance for children under adoption assistance agreements from states that have entered into a compact with this state underwhich the other state provides medical assistance to children with special needs underadoption subsidy agreements made by this state. All other children entitled to medicalassistance pursuant to adoption assistance agreements entered into by this state shall beeligible to receive medical assistance in accordance with the laws and procedures applicableto medical assistance. 87 Acts, ch 102, §2; 2023 Acts, ch 19, §1254 – 1256Referred to in §600.22Subsection 1 amendedSubsection 2, paragraphs a and b amendedSubsection 4, paragraphs a, b, and c amended Sat Dec 23 11:13:45 2023 Iowa Code 2024, Section 600.23 (19, 1)
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