NAC127.505. Health insurance.

     1. An agency which provides child welfare services shall provide health insurance, through one or more state or county programs for medical assistance, for any child:

     (a) Determined to be a child with special needs for whom there is in effect an agreement for adoption assistance between the agency and the adoptive parent, other than an agreement under the federal adoption assistance program under Part E of Title IV of the Social Security Act, 42 U.S.C. §§ 670 et seq.; and

     (b) Who the agency has determined cannot be placed for adoption without medical assistance because of the special needs of the child for medical, mental health or rehabilitative care.

     2. The health insurance provided by the agency which provides child welfare services pursuant to subsection 1 must provide the same type and kind of benefits as those benefits that would be provided for a child by this state or a county in this state in accordance with Title XIX of the Social Security Act, 42 U.S.C. §§ 1396 et seq., or a comparable state or county medical plan.

     3. If the agency which provides child welfare services provides coverage for a child pursuant to subsection 1 through a state or county program for medical assistance other than the program under Title XIX of the Social Security Act, 42 U.S.C. §§ 1396 et seq., and the agency exceeds its funding for services under the other program, the child shall be deemed to be receiving aid or assistance as provided under the state plan for Part E of Title IV of the Social Security Act, 42 U.S.C. §§ 670 et seq.

     4. In determining the cost-sharing requirements for health-care services provided pursuant to subsection 3, the agency which provides child welfare services shall, to the extent that coverage is provided through a state or county medical assistance program, take into consideration the circumstances of the adopting parents and the needs of the child being adopted consistent with the rules governing that program.

     (Added to NAC by Div. of Child & Fam. Services by R067-99, eff. 11-8-99; A by R056-02, 7-30-2002—(Substituted in revision for NAC 127.360)