Sec. 17a-120. (Formerly Sec. 17-44e). Medical expense subsidy for blind, physically or mentally disabled, emotionally maladjusted or high risk children.
Sec. 17a-120. (Formerly Sec. 17-44e). Medical expense subsidy for blind, physically or mentally disabled, emotionally maladjusted or high risk children. (a) Any
child who is blind or physically disabled as defined by section 1-1f, mentally disabled,
seriously emotionally maladjusted or has a recognized high risk of physical or mental
disability as defined in the regulations adopted by the Commissioner of Children and
Families pursuant to section 17a-118, who is to be given or has been given in adoption
by a statutory parent, as defined in section 45a-707, shall be eligible for a one hundred
per cent medical expense subsidy in accordance with the fee schedule and payment
procedures under the state Medicaid program administered by the Department of Social
Services where such condition existed prior to such adoption, provided such expenses
are not reimbursed by health insurance, or federal or state payments for health care.
Application for such subsidy shall be made to the Commissioner of Children and Families by such child's adopting or adoptive parent or parents. Said commissioner shall
adopt regulations governing the procedures for application and criteria for determination
of the existence of such condition. A written determination of eligibility shall be made
by said commissioner and may be made prior to or after identification of the adopting
parent or parents. Upon a finding of eligibility, an application for such medical expense
subsidy by the adopting or adoptive parent or parents on behalf of the child shall be
granted, and such adopting or adoptive parent or parents shall be issued a medical identification card for such child by the Department of Children and Families for the purpose
of providing for payment for the medical expense subsidy. The subsidy set forth in this
section shall not preclude the granting of either subsidy set forth in section 17a-117
except, if the child is eligible for subsidy under this section, his adopting parent or
parents shall not be granted a subsidy or subsidies set forth in section 17a-117 that would
be granted for the same purposes as the child's subsidy.
(b) There shall be an annual review of the medical expense subsidy set forth in
subsection (a) of this section by the Commissioner of Children and Families. If, upon
such annual review, the commissioner determines that the child continues to have a
condition for which the subsidy was granted or has medical conditions related to such
condition, and that the adoptive parent or parents are still legally responsible for the
support of the child and that the child is receiving support from the adoptive family, the
commissioner shall not terminate or reduce such subsidy. If the condition is corrected
and conditions related to it no longer exist, or if the adoptive parent or parents are no
longer legally responsible for the support of the child or if the child is no longer receiving
any support from the adoptive family, the commissioner may reduce or terminate eligibility for such subsidy. If, following such reduction or termination, such condition or
related conditions reoccur, the adopting or adoptive parent or parents may reapply for
such subsidy. Upon receipt of such application and determination that such condition
or related conditions have reoccurred, the commissioner shall grant such subsidy provided the adoptive parent or parents are still legally responsible for the support of the
child or the child is receiving support from the adoptive family. If the subsidy is to
be reduced or terminated by said commissioner, notice of such proposed reduction or
termination shall be given, in writing, to the adoptive parent or parents and such adoptive
parent or parents shall, at least thirty days prior to the imposition of said reduction or
termination, be given a hearing before the Adoption Subsidy Review Board. If such an
appeal is taken, the subsidy shall continue without modification or termination until the
final decision of the Adoption Subsidy Review Board. Eligibility for such subsidy may
continue until the child's twenty-first birthday if the condition that caused the child to
be certified as a special needs child or related conditions continue to exist or have reoccurred and the child continues to qualify as a dependent of the legal adoptive parent
under the Internal Revenue Code. In no case shall the eligibility for such subsidy continue
beyond the child's twenty-first birthday.
(P.A. 78-266; P.A. 81-403, S. 1; P.A. 86-330, S. 6, 9; P.A. 93-91, S. 1, 2; 93-262, S. 1, 87.)
History: P.A. 81-403 amended Subsec. (a) to allow determination of the child's eligibility before identification of the
adopting parents and to specify that the medical expenses subsidy does not preclude either subsidy under Sec. 17-44b
unless the subsidies would be granted for the same purposes as the medical expense subsidy, specified in Subsec. (b) that
the commissioner make adjustments in the subsidy based on whether the child continues to have a handicap or medical
conditions related to a handicap and whether the adoptive parents are still legally responsible for the child and are supporting
the child and allowed the commissioner to continue the subsidy until the child's twenty-first birthday under certain circumstances; P.A. 86-330 applied provisions to mentally disabled, emotionally maladjusted and high risk children, added a
reference to provisions of Sec. 17-44c, replaced term "handicap" with "condition", required in Subsec. (b) a hearing before
the adoption subsidy review board 30, rather than 10, days prior to the reduction or termination of the subsidy and required
the subsidy to continue until the final decision of the board and permitted eligibility for the subsidy to continue until child's
twenty-first, rather than eighteenth, birthday if child is still a special needs child and qualifies as a dependent, effective
April 1, 1987; Sec. 17-44e transferred to Sec. 17a-120 in 1991; P.A. 93-91 substituted commissioner and department of
children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of income
maintenance, effective July 1, 1993.
See Sec. 17a-93 (f) for definition of "statutory parent".
See Sec. 17a-118 re responsibility of Department of Children and Families for adoption assistance agreement and
subsidy payment.