Page:United States Statutes at Large Volume 100 Part 1.djvu/256

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PUBLIC LAW 99-000—MMMM. DD, 1986

100 STAT. 220

PUBLIC LAW 99-272—APR. 7, 1986

percentage) for fiscal years 1987 and thereafter. Such amendments shall apply without regard to the requirement of section 1101(a)(8)(B) of the Social Security Act relating to the promulgation of the Federal percentage prior to November 30 of the year preceding the year in which the new Federal percentage becomes applicable. The Secretary of Health and Human Services shall promulgate such new percentage for fiscal year 1987 as soon as practicable after the date of the enactment of this Act. SEC. 9529. MEDICAID COVERAGE RELATING TO ADOPTION ASSISTANCE AND FOSTER CARE.

42 USC 673. 42 USC 606. 42 USC 601. 42 USC 1396a note.

(a) STATE OF RESIDENCE.—(1) Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended by adding at the end thereof the following: "For purposes of this title, any child who meets the requirements of paragraph (1) or (2) of section 473(b) shall be deemed to be a dependent child as defined in section 406 and shall be deemed to be a recipient of aid to families with dependent children under part A of title IV in the State where such child resides.". (2) EFFECTIVE DATE.—The amendment made by paragraph (1) shall apply to medical assistance furnished on or after the first calendar quarter that begins more than 90 days after the date of the enactment of this Act. (b) ELIGIBILITY

42 USC 1396d. 42 USC 670.

42 USC 1396a note.

OF CERTAIN

ADOPTED CHILDREN.—(1)

Section

1902(a)(10)(A)(ii) of the Social Security Act, as amended by section 9505 of this Act, is amended— (A) by striking out "or" at the end of subclause (VI); (B) by striking out the semicolon at the end of subclause (VII) and inserting in lieu thereof ", or"; and (C) by adding after subclause (VII) the following new subclause: "(VIII) who is a child described in section 1905(a)(i)— "(aa) for whom there is in effect an adoption assistance agreement (other than an agreement under part E of title IV) between the State and an adoptive parent or parents, "(bb) who the State agency responsible for adoption assistance has determined cannot be placed with adoptive parents without medical assistance because such child has special needs for medical or rehabilitative care, and "(cc) who was eligible for medical assistance under the State plan prior to the adoption assistance agreement being entered into, or who would have been eligible for medical assistance at such time if the eligibility standards and methodologies of the State's foster care program under part E of title IV were applied rather than the eligibility standards and methodologies of the State's aid to families with dependent children program under part A of title IV;". (2) In the case of an adoption assistance agreement (other than an agreement under part E of title IV of the Social Security Act) entered into before the date of the enactment of this Act— (A) the requirements of subdivisions (aa) and (bb) of section 1902(a)(10)(A)(ii)(VIII) of the Social Security Act shall be deemed to be met if the State agency responsible for adoption assistance agreements determines that—