Section 400.115h - Medical subsidy; payment; requirements; determination of amount; third party payment; waiver of subsection (2); time of request; payment for treatment of mental or emotional conditi
THE SOCIAL WELFARE ACT (EXCERPT)
Act 280 of 1939
400.115h Medical subsidy; payment; requirements; determination of amount; third party payment; waiver of subsection (2); time of request; payment for treatment of mental or emotional condition.
Sec. 115h.
(1) The department may pay a medical subsidy to the adoptive parent or parents of an adoptee who is placed for adoption in the home of the adoptive parent or parents pursuant to the adoption code or the laws of any other state or a tribal government, if all of the following requirements are met:
(a) The expenses to be covered by the medical subsidy are necessitated by a physical, mental, or emotional condition of the adoptee that existed or the cause of which existed before the adoption petition was filed or certification was established, whichever occurred first.
(b) The adoptee was in foster care at the time the petition for adoption was filed. This subdivision does not apply to adoptions confirmed pursuant to the adoption code before June 28, 1992.
(c) Certification was made before the adoptee's eighteenth birthday.
(2) The department shall determine the amount of the medical subsidy without respect to the income of the adoptive parent or parents. The department shall not pay a medical subsidy until all other available public money and third party payment is used. For purposes of this subsection, third party payment is available if an adoptive parent has an option, at or after the time of certification, to obtain from the parent's employer health coverage for the child, with or without cost to the adoptive parent. The department may waive this subsection in cases of undue hardship.
(3) The adoptive parent or parents may request a medical subsidy before or after the confirmation of the adoption. A medical subsidy requested after the adoptee is placed in adoption is effective the date the request is received by the department if the necessary documentation for certification is received within 90 days after the request is made. In allocating available funding for medical subsidies, the department shall not give preferential treatment to requests that are made before the confirmation of an adoption, but shall allocate funds based on a child's need for the subsidy.
(4) Payment of a medical subsidy for treatment of a mental or emotional condition is limited to outpatient treatment unless 1 or more of the following apply:
(a) Certification for the medical subsidy was made before the adoption confirmation date.
(b) The adoptee was placed in foster care by the court pursuant to section 18(1)(d) or (e) of chapter XIIA of Act No. 288 of the Public Acts of 1939, being section 712A.18 of the Michigan Compiled Laws, before the petition for adoption was filed.
(c) The adoptee was certified for a support subsidy.
History: Add. 1994, Act 238, Eff. July 5, 1994
Popular Name: Act 280