Please use this identifier to cite or link to this item:
https://hdl.handle.net/20.500.12202/4664
Title: | If You Move, You Lose: The Interstate Medicaid Obligation to Special Needs Adopted Children. |
Authors: | Pollack, Daniel Blohm, Vicki Pollack, Daniel 0000-0001-7323-6928 |
Keywords: | Medicaid adoption assistance financial support medical support eligibility interstate Medicaid receipt Equal Protection Clause Saenz v. Roe |
Issue Date: | 2015 |
Publisher: | Northern Illinois University |
Citation: | McCartney, Sharon; Blohm, Vicki; Pollack, Daniel. (2015). 347 If You Move, You Lose: The Interstate Medicaid Obligation to Special Needs Adopted Children.Northern Illinois University Law Review (35): 347-373. |
Series/Report no.: | Northern Illinois University Law Review;35 |
Abstract: | This Article presents the history of the adoption assistance programs of the United States and analyzes state Medicaid practice related to the federal statutory provisions that established the benefit and the Constitutional guarantees of the freedom of travel. It argues that the state practice of denying Medicaid to a child based on the state from which the child is adopted clashes with the Supreme Court’s decision in Saenz v. Roe which held that the Equal Protection Clause “does not tolerate a hierarchy of 45 subclasses of similarly situated citizens based on the location of their prior residence.” This Article posits that children adopted with special needs who have been found to be Medicaid eligible remain Medicaid eligible regardless of the state from which they were adopted and the state in which they presently reside. |
Description: | Peer-reviewed scholarly article |
URI: | https://hdl.handle.net/20.500.12202/4664 https://commons.lib.niu.edu/bitstream/handle/10843/18434/3_McCartney-pdfA.pdf?sequence=1&isAllowed=y |
ISSN: | 0734-1490 |
Appears in Collections: | Wurzweiler School of Social Work: Faculty publications |
Files in This Item:
File | Description | Size | Format | |
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art If You Move You Lose -- The Interstate Medicaid Obligation To Special Needs Adopted Children.pdf | 321.1 kB | Adobe PDF | View/Open |
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