Foster Care Financial Eligibility Requirements 510-05-55-10

(Revised 10/01/13 ML #3390)

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For Applications and Reviews received Prior to January 1, 2014 for benefits required prior to January 1, 2014:

  1. Children who are receiving a Title IV-E Foster Care Maintenance Payment (including Tribal IV-E payments) are categorically needy eligible for Medicaid and no further financial determination is needed.  (Title IV-E foster care eligibility is determined using the Aid to Families with Dependent Children rules in effect on July 16, 1996.)

 

  1. Medicaid eligibility for all regular foster care (non-Title IV-E) children is determined using medically needy eligibility rules. Financial eligibility is determined by considering the income of the child. The parents' income is considered as stipulated in the foster care court order.
  1. When the court order is silent regarding the parents’ responsibility for medical care, the parents’ income is not considered; and a referral to Child Support is made.
  2. When the court order states that the parents pay "to the best of their ability," or "as determined by the county agency," or when the court orders the parents to assume all responsibility for the child’s medical care, (e.g. the first $100 per month), the parents’ income must be considered.
  3. When the court orders a specific amount of medical care (e.g. the first $100 per month), that amount is the parents’ responsibility. 
  4. In the rare instances when the parent(s) cannot be located or absolutely refuse to cooperate, eligibility can be established for the child without using parental income.  In these cases, a referral must be made to Child Support.

 

For Applications and Reviews Received on or After October 1, 2013 for benefits beginning January 1, 2014:

  1. Children who are receiving a Title IV-E Foster Care Maintenance Payment (including Tribal IV-E payments) are categorically needy eligible for Medicaid and no further financial determination is needed. (Title IV-E foster care eligibility is determined using the Aid to Families with Dependent Children rules in effect on July 16, 1996.)
  2. Medicaid eligibility for all regular foster care (non-Title IV-E, tribal or state-funded) children is determined using MAGI methodology.