§ 24-60-2404 — Contents of compact

(1) Any compact entered into by the
department of human services pursuant to this part 24 shall contain the following
general provisions:

(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, with the effective date of withdrawal one year after the date
of notice of withdrawal;

(c) A requirement that, upon withdrawal from the compact, the protections
afforded by or pursuant to the compact by the withdrawing residence state
continue in force for the duration of the adoption assistance for all special needs
children and their adoptive parents who, on the effective date of withdrawal, are
receiving adoption assistance or payments in subsidization of adoption from an
adoption assistance state which is a party to the compact;

(d) (I) A requirement that each instance of adoption assistance or payments
in subsidization of adoption to which the compact applies be authorized by a written
adoption assistance agreement between the adoptive parents and the state child
welfare agency of the adoption assistance state; and

(II) A requirement that any adoption assistance agreement be expressly for
the benefit of the adopted child and enforceable by the adoptive parents and the
adoption assistance state;

(e) Such other provisions as may be necessary to implement the
administration of the compact.

(2) Any compact entered into by the department of human services pursuant
to this part 24 shall contain and implement the following provisions regarding
medical assistance:

(a) That a child with special needs who is residing in this state, who is the
subject of an adoption assistance agreement with another state which is a party to
the compact, shall be entitled to receive a medical assistance identification from
this state upon filing with the department of health care policy and financing a
certified copy of the adoption assistance agreement obtained from the adoption
assistance state. The adoptive parents of such child shall be required at least
annually to show that the agreement is still in force or has been renewed.

(b) That the department of health care policy and financing shall consider
the holder of a medical assistance identification specified in paragraph (a) of this
subsection (2) as any other holder of a medical assistance identification under the
laws of this state and shall process and make payment on claims on account of
such holder in the same manner and pursuant to the same conditions and
procedures as for other recipients of medical assistance pursuant to articles 4, 5,
and 6 of title 25.5, C.R.S.;

(c) That the department of human services shall provide coverage and
benefits for a child with special needs, who is in another state, and who is covered
by an agreement to make payments in subsidization of adoption entered into by the
department of human services pursuant to article 7 of title 26, C.R.S., which
coverage and benefits are not provided by the residence state, if any. In addition,
that the adoptive parents of such special needs child, acting for the child, may
submit evidence of payment for services or benefit amounts not payable in the
residence state and shall be reimbursed therefor by the department of human
services. However, the department of human services shall not make
reimbursement for services or benefit amounts covered under any insurance or
other third-party medical contract or arrangement held by the child or his adoptive
parents. The additional coverages and benefit amounts specified in this paragraph
(c) shall be for services for which no federal contribution is available, or which, if
federally aided, are not provided by the residence state.

(d) That the submission of any claim for payment or reimbursement for
services or benefits specified in this subsection (2), 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 subject to the provisions of section
26-1-127, C.R.S.;

(e) That a child with special needs who is the subject of an adoption
assistance agreement with this state, who is residing in another state which is a
party to the compact, shall receive medical assistance from the residence state
under the conditions specified in paragraphs (a) and (b) of this subsection (2).

Legislative History

Source: L. 85: Entire part added, p. 857, � 1, effective July 1. L. 94: IP(1), (IP)(2), (2)(a), (2)(b), and (2)(c) amended, p. 2699, � 248, effective July 1. L. 2006: (2)(b) amended, p. 2011, � 75, effective July 1.