If You Move, You Lose: The Interstate Medicaid Obligation to Special Needs Adopted Children.

Date

2015

Authors

Pollack, Daniel
Blohm, Vicki
Pollack, Daniel

Journal Title

Journal ISSN

Volume Title

Publisher

Northern Illinois University

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

Keywords

Medicaid, adoption assistance, financial support, medical support, eligibility, interstate Medicaid receipt, Equal Protection Clause, Saenz v. Roe

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.