Document Type
Article
Media Type
Text
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.
First Page
347
Last Page
374
Publication Date
2-1-2015
Department
Other
ISSN
0734-1490
Language
eng
Publisher
Northern Illinois University Law Review
Recommended Citation
McCartney, Sharon; Blohm, Vicki; and Pollack, Daniel
(2015)
"If You Move, You Lose: The Interstate Medicaid Obligation to Special Needs Adopted Children,"
Northern Illinois University Law Review: Vol. 35:
Iss.
2, Article 4.
Suggested Citation
Sharon McCartney, Vicki Blohm & Daniel Pollack, If You Move, You Lose: The Interstate Medicaid Obligation to Special Needs Adopted Children, 35 N. Ill. U. L. Rev. 347 (2015).
