§ 50-28-03 — Medical assistance

1. Except as provided in subsection 2:
a. A child, for whom this state has agreed under the terms of an adoption assistance
agreement to provide medical assistance, is eligible for medical assistance in this
state during the entire period for which the agreement is in effect and shall
receive the same benefits as any other child who is covered by the medical
assistance program in this state;
b. When a child, who is covered by an adoption assistance agreement under which
this state is the adoption state, is living in another party state, payment for any
medical services and benefits specified under the terms of the adoption
assistance agreement, which are not available to the child under the medical
assistance program of the residence state, must be made by this state as
required by its law; and
c. A child, for whom a party state has agreed under the terms of an adoption
assistance agreement to provide medical assistance, is eligible for medical
assistance in this state during the entire period this state is the child's residence
state, and shall receive the same benefits as any other child who is covered by
the medical assistance program in this state.
2. Medical assistance may be subject to periodic re-evaluation of eligibility, provided that:
a. No re-evaluation may depend upon whether the adoptive parents are eligible for
medical assistance; and
b. Financial eligibility is based solely upon the child's income and assets.