This text of New York § 454 (Medical subsidy) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 454. Medical subsidy.
1.A social services official shall make\npayments for the cost of care, services and supplies payable under the\nstate's program of medical assistance for needy persons, provided to a\nhandicapped child whom he or a voluntary authorized agency has placed\nout for adoption or who has been adopted. Such payments shall not be\nrestricted to care, services and supplies required for the treatment of\nthe specific condition or disability for which a child was determined to\nbe a handicapped child. For the purposes of this section, a handicapped\nchild shall include, but not be limited to, a child with special needs\nwhere a social services official has determined the child cannot be\nplaced with an adoptive parent or parents without medical subsidy\nbecause such ch
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§ 454. Medical subsidy. 1. A social services official shall make\npayments for the cost of care, services and supplies payable under the\nstate's program of medical assistance for needy persons, provided to a\nhandicapped child whom he or a voluntary authorized agency has placed\nout for adoption or who has been adopted. Such payments shall not be\nrestricted to care, services and supplies required for the treatment of\nthe specific condition or disability for which a child was determined to\nbe a handicapped child. For the purposes of this section, a handicapped\nchild shall include, but not be limited to, a child with special needs\nwhere a social services official has determined the child cannot be\nplaced with an adoptive parent or parents without medical subsidy\nbecause such child has special needs for medical, mental health or\nrehabilitative care. Such payments also shall be made with respect to a\nhard to place child who has been placed out for adoption with a person\nor persons who is or are sixty-two years old or over or who will be\nsubject to mandatory retirement from his or their present employment\nwithin five years from the date of the adoption placement.\n 2. Payments pursuant to subdivision one of this section shall be made\nto or on behalf of the person or persons with whom the child has been\nplaced or who have adopted the child and shall be made without regard to\nthe financial need of such person or persons.\n 3. Payments pursuant to subdivision one of this section shall be made\nonly with respect to the cost of care, services and supplies which are\nnot otherwise covered or subject to payment or reimbursement by\ninsurance, medical assistance or other sources.\n 4. An application for payment under this section shall be made prior\nto the child's adoption; provided, however, that an application may be\nmade subsequent to a handicapped child's adoption if the adoptive\nparents first become aware of the child's physical or emotional\ncondition or disability subsequent to the adoption and a physician\ncertifies that the condition or disability existed prior to the child's\nadoption. An approval of an application for payments under this section\nshall not be subject to annual review by the social services official,\nand such approval shall remain in effect until the child's twenty-first\nbirthday. Applications for such subsidies shall be accepted prior to the\ncommitment of the guardianship and custody of the child to an authorized\nagency pursuant to the provisions of this chapter, and approval thereof\nmay be granted contingent upon such commitment.\n 5. Upon the death of persons who have adopted the child prior to the\ntwenty-first birthday of the child, payments pursuant to subdivision one\nof this section shall continue to the legal guardian of the child until\nthe child shall attain the age of twenty-one.\n