TITLE X
PUBLIC HEALTH

Chapter 126-D
COMPACT, HARD TO PLACE CHILDREN

Section 126-D:1

    126-D:1 Legislative Findings and Policy. –
The following is hereby found and declared:
I. Locating adoptive families for hard to place children for whom adoption assistance is provided under RSA 170-F, and assuring the continued protection of the interests of the children affected during the entire assistance period, require special measures when the adoptive parents move to other states or are residents of another state.
II. The provision of medical and other necessary services for such children creates special difficulties when the provision of these services takes place in other states.
III. Children living in this state whose resident adoptive parents receive on their behalf adoption assistance from another state should be afforded comparable protection and medical and other services.
IV. It is, therefore, the policy of the state, by entering into compacts with other party states and by working cooperatively with other states, to ensure that medical and other necessary services continue to be available and provided to these children so long as adoption assistance payments are made to their adoptive parents.

Source. 1985, 367:13, eff. Aug. 17, 1985.

Section 126-D:2

    126-D:2 Purposes. –
The purposes of this chapter are to:
I. Authorize the commissioner, department of health and human services, to enter into interstate agreements with parallel agencies of other states for the protection of children on behalf of whom adoption assistance is being provided under RSA 170-F.
II. Provide authority for procedures for interstate children's adoption assistance payments, including medical payments, in such cases where this state is either the adoptive assistance state or the residence state, as defined in RSA 126-D:4.

Source. 1985, 367:13, eff. Aug. 17, 1985.

Section 126-D:3

    126-D:3 Execution of Compact. – The commissioner, department of health and human services, or his designee, is hereby authorized to develop, participate in the development of, negotiate, enter into and execute one or more interstate compacts on behalf of this state with other states to implement the purposes set forth in this chapter. When so executed, and for so long as it shall remain in force, such a compact shall have the force and effect of law.

Source. 1985, 367:13, eff. Aug. 17, 1985.

Section 126-D:4

    126-D:4 Definitions. –
For the purposes of this chapter the following terms shall have the following meanings:
I. "Adoption assistance state" means a state which is signatory to an adoption assistance agreement in a particular case.
II. "Commissioner" means commissioner, department of health and human services.
III. "Residence state" means the state of which the child is a resident by virtue of the residence of the adoptive parents.
IV. "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, or a territory or possession of the United States or one administered by the United States.

Source. 1985, 367:13, eff. Aug. 17, 1985.

Section 126-D:5

    126-D:5 Contents of Compact. –
A compact entered into pursuant to the authority conferred by this chapter shall contain the following:
I. A provision making it available for joinder by all states.
II. A provision for withdrawal from the compact upon written notice to each party state, but with a period of one year between the date of the notice to withdraw and the effective date of such withdrawal.
III. A requirement that the protections afforded by or pursuant to the compact continue in force for the duration of the adoption assistance and be applicable to all children and their adoptive parents who on the effective date of the withdrawal are receiving adoption assistance from a party state other than the one in which they are resident and have their principal place of abode.
IV. A requirement that each instance of adoption assistance to which the compact applies be covered by an adoption assistance agreement in writing between the adoptive parents and the state agency which undertakes to provide the adoption assistance; and further, that any such agreement be expressly for the benefit of the adopted child and enforceable by the adoptive parents, and by the state providing the adoption assistance.
V. A provision establishing procedures and entitlements to medical, developmental, child care or other social services for the child in accordance with applicable laws, even though the child and the adoptive parents are in a state other than the one responsible for or providing the services or the funds to defray part or all of the costs thereof.
VI. Such other provisions as may be determined by the commissioner to ensure the proper administration of the compact.

Source. 1985, 367:13, eff. Aug. 17, 1985.

Section 126-D:6

    126-D:6 Medical Assistance. –
I. A child with special needs resident in this state who is the subject of an adoption assistance agreement with another state shall be entitled to receive a medical assistance identification from this state upon the filing in the department of health and human services of a certified copy of the adoption assistance agreement obtained from the adoption assistance state. In accordance with rules of the department of health and human services, the adoptive parents shall be required at least annually to show that the agreement is still in force or has been renewed.
II. The department of health and human services shall consider the holder of a medical assistance identification pursuant to this section as any other holder of a medical assistance identification under the laws of this state and shall process and make payment on claims on account of such holder in the same manner and pursuant to the same conditions and procedures as for other recipients of medical assistance.
III. The submission of any claim for payment or reimbursement for medical services or benefits pursuant to this section or the making of any statement in connection with such a claim, when the maker of the claim or statement knows or should know the claim or statement is false, misleading or fraudulent shall be punishable as false swearing under RSA 641:2 or under a similar law in the state of residence or in the adoption assistance state, when such state is not the state of New Hampshire.
IV. The provisions of this section shall apply only to medical assistance for children under adoption assistance agreements from states which have entered into a compact with this state under which the other state provides medical assistance to children with special needs under adoption assistance agreements made by this state. Any and all other children entitled to medical assistance pursuant to adoption assistance agreements entered into by this state shall be eligible to receive it in accordance with the applicable laws and procedures.

Source. 1985, 367:13. 1995, 310:181, eff. Nov. 1, 1995.

Section 126-D:7

    126-D:7 Federal Financial Participation. – Consistent with federal laws, the department of health and human services, in connection with the administration of this chapter and any compact pursuant to it, shall include in any state plan made pursuant to the Adoption Assistance and Child Welfare Act of 1980 (P.L. 96-272), Titles IV(e) and XIX of the Social Security Act, and any other applicable federal laws, the provision of adoption assistance and medical assistance for which the federal government pays some or all of the cost. The department shall apply for and administer all relevant federal aid in accordance with law.

Source. 1985, 367:13. 1994, 212:2. 1995, 310:78, eff. Nov. 1, 1995.