SEC. 93-17-67. Continuation of benefits.
(1) Any child who is adopted in this state through a state-supported adoption agency and who immediately prior to such adoption was receiving medicaid benefits because of a severe physical or mental handicap shall continue to receive such payment benefits after adoption, and such benefits shall be payable as provided under the agency's medical payment program for so long as the state department of public welfare determines that the treatment or rehabilitation for which payment is being made is in the best interest of the child concerned or until such child reaches the age of twenty-one (21) years, provided that federal matching funds are available for such payment and that any state funds used for such payment shall have been appropriated specifically for such purpose.
(2) If permitted by federal law without any loss to the state of federal matching funds, the financial resources of the adopting parents shall not be a factor in such determination except that payments may be adjusted when insurance benefits available to the adopting parents would pay all or part of such payments being made by the state, or if medical or rehabilitation services are otherwise available without cost to the adopting parents. The amount of financial assistance given shall not exceed the amount that the medicaid commission would be required to pay for the same medical treatment or rehabilitation.
(3) The receipt of Medicaid benefits by an adopted child under sections 93-17-51 to 93-17-67 shall not qualify the adopting parents for medicaid eligibility, unless either parent is otherwise eligible under section 43-13-115, Mississippi Code of 1972.
SOURCES: Laws, 1979, ch. 510, Sec. 9, eff from and after July 1, 1979.