This letter transmits changes to several Ohio Administrative Code rules in Chapter 5101:2-44 which govern the state adoption subsidy program. The rules were changed to comply with federal regulations for Medicaid program eligibility for children in receipt of a state adoption subsidy; to clarify the amount of the state's monetary contribution to the state adoption maintenance subsidy program, and to comply with House Bill 95 which repeals the state adoption special services subsidy program. These changes will be effective July 1, 2004. If any revisions are made that change the content or effective date of the rules, notification will be communicated via a follow-up Manual Transmittal Letter.

A brief explanation of each rule revision appears below: Several of the rules appear as new but they are rewritten versions of previous rules. The changes are noted.

OAC 5101:2-44-03 Public children services agency (PCSA) administration of the state adoption subsidy program was rescinded and adopted as new. The rule requires the PCSA to consult with the adoptive parent regarding the state adoption subsidy program prior to approving or denying the state adoption subsidy application. The PCSA must determine the child's special needs for a state adoption maintenance subsidy (SAMS), and the child's special needs for medical, mental health, or rehabilitative care based only upon medical necessity.

OAC 5101:2-44-05.1 Covered families and children (CFC) medicaid eligibility: special needs children was rescinded and adopted as new. The title has been changed from "Covered families and children medicaid eligibility for special needs children who are receiving a state adoption subsidy." The rule was amended to comply with federal statute by including new procedures for determining Medicaid eligibility when in receipt of a state adoption subsidy.

OAC 5101:2-44-05.2 Covered families and children (CFC) medicaid eligibility for state adoption subsidy recipient moving from or to Ohio was amended to replace "COBRA option" with "state option" because the term "state option" is more commonly used with the Interstate Compact on Adoption and Medical Assistance (ICAMA). In addition, this rule updates the title of the JFS 01615 to JFS 01615 "Approval for State Adoption Subsidy."

OAC 5101:2-44-06 Eligibility of adoptive family and child for the state adoption maintenance program. The rule has been rescinded and adopted as new with the same rule number. The title has been amended to add the word "maintenance." The rules sets forth eligibility requirements which must be met in order to be approved for a state adoption maintenance subsidy. The rule incorporates the definition of "a child with special needs" as defined in rule 5101:2-1-01 of the Administrative Code. For the purposes of this rule, "qualified professional" was clarified and defined. House Bill 95 repealed the state adoption special services subsidy program and as a result, references to state special services subsidy have been removed from this rule. The rule also clarifies that the state's monetary contribution to the state adoption maintenance subsidy shall not exceed $250 per child.

OAC 5101:2-44-07 Public children services agency (PCSA) eligibility determinations for state adoption subsidy. This rule has been rescinded because the requirements of this rule have been incorporated into rule 5101:2-44-03.

OAC 5101:2-44-08 Redetermination, amendment and modifications of a state adoption maintenance subsidy has been amended to remove all references to the state adoption special services subsidy due to HB 95 repealing the special services subsidy. The title has been changed to add the word "maintenance."

OAC 5101:2-44-09 Requirements for a state adoption special services subsidy was adopted as new to incorporate the requirements of House Bill 95 which repealed the state adoption special services subsidy program. Although the special services subsidy program has been repealed, the public children services agency (PCSA) has the option of continuing the program for existing state adoption special services subsidies entered into prior to July 1, 2004. The rule provides clarification and procedures for PCSAs electing to continue or discontinue the state adoption special services subsidy program. The rule requires the completion of a new JFS 01618 "Redetermination/Amendment of State Adoption Special Services Subsidy."

OAC 5101:2-44-10 Suspension of a state adoption maintenance subsidy has been amended to clarify and update program requirements. The title has been changed to add the word "maintenance." The rule removes references to the state adoption special services subsidy and specifies and clarifies the terms under which a state adoption maintenance subsidy shall be and may be suspended.

OAC 5101:2-44-11 Termination of a state adoption subsidy has been amended to clarify and update program requirements. The rule specifies and clarifies the terms under which a state adoption subsidy shall be and may be terminated.

OAC 5101:2-44-12 State adoption subsidy records was amended to emphasize the requirement for documenting the child's special needs for SAMS and the child's special needs for CFC medicaid eligibility. The JFS 01449 form number has been updated.

The following forms have been revised:

• JFS 01449 "Determination of Special Needs for Medical, Mental Health or Rehabilitative Care"
• JFS 01613 "Application for State Adoption Subsidy"
• JFS 01615 "Approval for State Adoption Subsidy"

The following form is new:

• JFS 01618 "Redetermination/Amendment of State Adoption Special Services Subsidy"

INSTRUCTIONS:

The following chart depicts what materials should be deleted from the Family, Children and Adult Services Manual (FCASM) and what materials are to be inserted in the FCASM.