Pub. L. 105-89, tit. III, sec. 306
HEALTH INSURANCE COVERAGE FOR CHILDREN WITH SPECIAL NEEDS.
SEC. 306. HEALTH INSURANCE COVERAGE FOR CHILDREN WITH SPECIAL NEEDS. Section 471(a) of the Social Security Act (42 U.S.C. 671(a)), as amended by section 106, is amended— (1) in paragraph (19), by striking “and” at the end; (2) in paragraph (20), by striking the period and inserting “; and”; and (3) by adding at the end the following: “(21) provides for health insurance coverage (including, at State option, through the program under the State plan approved under title XIX) for any child who has been determined to be a child with special needs, for whom there is in effect an adoption assistance agreement (other than an agreement under this part) between the State and an adoptive parent or parents, and who the State has determined cannot be placed with an adoptive parent or parents without medical assistance because such child has special needs for medical, mental health, or rehabilitative care, and that with respect to the provision of such health insurance coverage— “(A) such coverage may be provided through 1 or more State medical assistance programs; “(B) the State, in providing such coverage, shall ensure that the medical benefits, including mental health benefits, provided are of the same type and kind as those that would be provided for children by the State under title XIX;111 STAT. 2133 “(C) in the event that the State provides such coverage through a State medical assistance program other than the program under title XIX, and the State exceeds its funding for services under such other program, any such child shall be deemed to be receiving aid or assistance under the State plan under this part for purposes of section 1902(a)(10)(A)(i)(I); and “(D) in determining cost-sharing requirements, the State shall take into consideration the circumstances of the adopting parent or parents and the needs of the child being adopted consistent, to the extent coverage is provided through a State medical assistance program, with the rules under such program.”.