413-130-0110 Administration of Approved Adoption Assistance (1) Except as provided in OAR 413-130-0130, in order for the Department to provide adoption assistance on behalf of an eligible child: (a) An adoption assistance agreement must be signed by each individual who is a party to the agreement and a Department representative; and (b) The adoption assistance agreement must be in effect before the judgment of adoption. (2) An adoption assistance agreement must include each of the following: (a) A statement indicating that an adoption assistance agreement remains in effect regardless of the state or residency of the pre-adoptive family or the adoptive family and the child. (b) An effective date which, except as provided in OAR 413-130-0130, must be before the date of the judgment of adoption. (c) Information identifying the eligibility of the child or young adult to receive medical assistance and specifying the eligibility of the child or young adult for Title XIX and XX. (d) Information that ORS 192.558 allows the Oregon Health Plan (OHP) and OHP managed care plans to exchange the following protected health information without authorization from the pre-adoptive family or adoptive family for the purpose of treatment activities related to behavioral or physical health of the child or young adult when the child or young adult is the recipient of OHP services: (A) The name and Medicaid recipient number for the child or young adult; (B) The hospital or medical provider for the child or young adult; (C) The hospital or medical provider's Medicaid number; (D) Each diagnosis for the child or young adult; (E) Each treatment activity's date of service; (F) Each treatment activity's procedure or revenue code; (G) The quantity of units or services provided; and (H) Information about medication prescription and monitoring. (e) Specification of the amount and nature of all adoption assistance to be provided. (f) A statement informing the pre-adoptive family or adoptive family of the right to a contested case hearing under OAR 413-010-0500 to 413-010-0535. (3) The Department remains financially responsible for providing the services specified in the adoption assistance agreement if the needed service is not available in the new state or service area of residence, except as described in OAR 413-130-0100(4). (4) The foster care base rate payment, level of care payment, any level of personal care payment, and medical coverage end when adoption assistance begins. Medical assistance, as determined by the child's eligibility, may continue when requested by the pre-adoptive family or adoptive family. (5) The Department may require documentation from the pre-adoptive family or adoptive family verifying that the child: (a) Is enrolled in an elementary or secondary school as determined by the law of the state of residence; (b) Is home schooled in accordance with the law of the state of residence; (c) Is enrolled in an independent study program in accordance with the law of the state of residence; (d) Has completed secondary school; or (e) Is incapable of attending school due to a documented medical condition, mental disability, or physical disability. (6) A pre-adoptive family or adoptive family must immediately inform the Adoption Assistance and Guardianship Assistance Unit of a change in circumstances that may make them ineligible for adoption assistance or eligible for an adoption assistance payment in a different amount. (7) An individual who is a party to an adoption assistance agreement may request a change of payee due to a divorce, legal separation, or other judicially recognized modification of custody. (a) The requesting individual must provide the Department with the current address and telephone number of the current payee. (b) The Department must notify the current payee that there has been a request to change the payee within 30 calendar days of receipt of a request for a change of payee. (c) Unless the current payee submits a challenge to the request to change payee within 30 calendar days of the date the Department sends the notice in subsection (b) of this section, the request to change payee will be approved. (d) If the change of payee is challenged, the Department requires legal documentation describing physical custody of the child to make a change in payee. (e) The new payee must be one of the parties to the adoption assistance agreement. (8) Overpayment. (a) If the Department issues an adoption assistance payment on behalf of a child or young adult after the date the adoption assistance agreement automatically expires, the Department may seek reimbursement of the overpayment and the pre-adoptive family or the adoptive family must repay the Department. (b) If the pre-adoptive family or adoptive family fails to comply with any provisions of the adoption assistance agreement, including failing to notify the Department of any of the events or circumstances described in section (6) of this rule and OAR 413-130-0112, the Department may collect any adoption assistance payment or medical assistance which the Department would not have provided had the pre-adoptive family or adoptive family complied with the provisions of the adoption assistance agreement. Statutory/Other Authority: ORS 418.005 & ORS 418.340 Statutes/Other Implemented: ORS 418.005, ORS 418.340, ORS 418.330 & ORS 418.335 History: CWP 113-2018, amend filed 10/31/2018, effective 11/01/2018 CWP 102-2018, temporary amend filed 08/16/2018, effective 08/16/2018 through 02/11/2019 CWP 24-2015, f. & cert. ef. 10-26-15 CWP 2-2014, f. 1-31-14, cert. ef. 2-1-14 CWP 35-2011, f. 12-27-11, cert. ef. 12-28-11 CWP 25-2011(Temp), f. 9-30-11, cert. ef. 10-1-11 thru 12-27-11 CWP 16-2011(Temp), f. & cert. ef. 6-30-11 thru 12-27-11 CWP 22-2009, f. & cert. ef. 12-29-09 CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09 CWP 16-2008, f. & cert. ef. 7-1-08 CWP 16-2006, f. 6-30-06, cert. ef. 7-1-06 SOSCF 7-2002, f. 3-28-02, cert. ef. 4-1-02 SOSCF 22-1999, f. & cert. ef. 11-24-99 SOSCF 11-1999(Temp), f. & cert. ef. 6-3-99 thru 11-30-99 SOSCF 8-1999, f. & cert. ef 5-17-99 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95 SCF 2-1995, f. & cert. ef. 8-21-95