S*1241 Session 108 (1989-1990)
S*1241(Rat #0540, Act #0453 of 1990) General Bill, By N.W. Smith, J.C. Hayes and
Moore
A Bill 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
02/13/90 Senate Introduced and read first time SJ-8
02/13/90 Senate Referred to Committee on Judiciary SJ-9
03/28/90 Senate Committee report: Favorable Judiciary SJ-202
03/29/90 Senate Read second time SJ-30
04/03/90 Senate Read third time and sent to House SJ-25
04/04/90 House Introduced and read first time HJ-22
04/04/90 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-22
04/18/90 House Committee report: Favorable Medical, Military,
Public and Municipal Affairs HJ-11
04/25/90 House Read second time HJ-79
04/26/90 House Read third time and enrolled HJ-31
05/01/90 Ratified R 540
05/07/90 Signed By Governor
05/07/90 Effective date 05/07/90
05/07/90 Act No. 453
06/13/90 Copies available
(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.
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