South Carolina General Assembly
108th Session, 1989-1990

Bill 1241


                    Current Status

Bill Number:               1241
Ratification Number:       540
Act Number                 453
Introducing Body:          Senate
Subject:                   Interstate compact for adoption and
                           medical assistance
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A453, R540, S1241)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SUBARTICLE 9 TO ARTICLE 13, CHAPTER 7, TITLE 20 SO AS TO PROVIDE FOR THE INTERSTATE COMPACT FOR ADOPTION AND MEDICAL ASSISTANCE AND FOR PENALTIES.

Whereas, finding adoptive families for children for whom state assistance is desirable pursuant to the South Carolina Adoption Act of 1986 and assuring the protection of the interests of the children affected during the entire assistance period require special measures when the adoptive parents move to other states or are residents of another state; and

Whereas, the provision of medical and other necessary services for children with state assistance encounters special difficulties when the provision of services takes place in other states; and

Whereas, the purposes of this subarticle are to authorize the State Department of Social Services to enter into interstate agreements with agencies of other states for the protection of children on behalf of whom adoption assistance is being provided by the department and to provide procedures for interstate children's adoption assistance payments, including medical payments. Now, therefore,

Be it enacted by the General Assembly of the State of South Carolina:

Interstate Compact for Adoption and Medical Assistance

SECTION 1. Article 13, Chapter 7, Title 20 of the 1976 Code is amended by adding:

"Subarticle 9

Interstate Compact for Adoption

and Medical Assistance

Section 20-7-2610. (A) The State Department of Social Services 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 implement one or more of the purposes set forth in this subarticle. The compact has the effect of law.

(B) For the purposes of this subarticle:

(1) '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 or administered by the United States.

(2) 'Adoption assistance state' means the state that is signatory to an adoption assistance agreement in a particular case.

(3) 'Residence state' means the state of which the child is a resident by virtue of the residence of the adoptive parents.

Section 20-7-2620. A compact entered into pursuant to the authority conferred by this subarticle must contain:

(1) a provision making it available for joinder by all states;

(2) a provision for withdrawal from the compact upon written notice to the parties but one year between the date of the notice and the effective date of the withdrawal;

(3) 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 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;

(4) 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 the agreement be expressly for the benefit of the adopted child and enforceable by the adoptive parents and the state agency providing the adoption assistance;

(5) other provisions as may be appropriate to implement the proper administration of the compact.

Section 20-7-2630. A compact entered into pursuant to the authority conferred by this subarticle may contain provisions in addition to those required by Section 20-7-2620 as follows:

(1) establishing procedures and entitlements to medical, developmental, child care, or other social services for the child in accordance with applicable laws, even though the child and the adoptive parents are in a state other than the one responsible for or providing the services or the funds to defray part or all of the costs of the services;

(2) other provisions as may be appropriate or incidental to the proper administration of the compact.

Section 20-7-2640. (A) A child with special needs who is a resident in the State who is the subject of an adoption assistance agreement with another state may receive medical assistance identification from this State upon the filing with the Department of Social Services of a certified copy of the agreement obtained from the adoption assistance state. In accordance with regulations of the department, the adoptive parents at least annually shall show that the agreement is still in force or has been renewed.

(B) The State Health and Human Services Finance Commission shall consider the holder of medical assistance identification pursuant to this section as any other holder of medical assistance identification under the laws of this State and shall process and make payment on claims on account of the holder in the same manner and pursuant to the same conditions and procedures as for other recipients of medical assistance.

(C) The Health and Human Services Finance Commission or the Department of Social Services shall provide coverage and benefits for a child who is in another state and who is covered by an adoption assistance agreement made by the department for the coverage or benefits, if any, not provided by the residence state. To this end, the adoptive parents acting for the child may submit evidence of payment for services or benefit amounts not payable in the residence state and must be reimbursed for them. However, there is no reimbursement for services or benefit amounts covered under insurance or other third party medical contract or arrangement held by the child or the adoptive parents. The department shall promulgate regulations implementing this subsection. The additional coverages and benefit amounts provided pursuant to this subsection are for the costs of services for which there is no federal contribution, or which, if federally aided, are not provided by the residence state. The regulations must include, but are not limited to, procedures to be followed in obtaining prior approval for services in those instances where required for the assistance.

(D) The provisions of this section apply only to medical assistance for children under adoption assistance agreements from states that have entered into a compact with this State under which the other state provides medical assistance to children with special needs under adoption assistance agreements made by this State. All other children entitled to medical assistance pursuant to adoption assistance agreements entered into by this State are eligible to receive assistance in accordance with the laws and procedures applicable to the agreements.

Section 20-7-2650. Consistent with federal law, the Department of Social Services in connection with the administration of this subarticle and a compact pursuant to it must include in a 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 Social Security Act, and other applicable federal laws, the provision of adoption assistance and medical assistance for which the federal government pays some or all of the cost. The department shall apply for and administer all relevant federal aid in accordance with the law.

Section 20-7-2660. The submission of a claim for payment or reimbursement for services or benefits pursuant to this subarticle or the making of a statement in connection with payment or reimbursement, which the maker knows or should know to be false, misleading, or fraudulent, is punishable as perjury and subject to a fine of not more than ten thousand dollars or imprisonment for not more than two years, or both."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Approved the 7th day of May, 1990.