{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/63.2-1404.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/63.2-1404.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/63.2-1404.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/63.2-1404.html"}],"law_id":375362,"edition_id":2,"section_id":375362,"structure_id":53367,"section_number":"63.2-1404","catch_line":"Medical assistance; penalties","history":"1988, c. 154, \u00a7 63.1-238.10; 2002, c. 747.","full_text":"A\n\nA child with special needs resident in this Commonwealth who is the subject of an adoption assistance agreement with another state shall be entitled to receive a medical assistance identification from this Commonwealth upon the filing in the Department of a certified copy of the adoption assistance agreement obtained from the adoption assistance state. In accordance with regulations of the Department, the adoptive parents shall be required at least annually to show that the agreement is still in force or has been renewed.\n\nB\n\nThe Department of Medical Assistance Services shall consider the holder of medical assistance identification pursuant to this section as any other holder of a medical assistance identification under the laws of this Commonwealth and shall process and make payment on claims on account of such holder in the same manner and pursuant to the same conditions and procedures as for other recipients of medical assistance.\n\nC\n\nThe Department shall provide coverage and benefits not provided by the state plan for medical assistance in the residence state for a child who is in another state and who is covered by an adoption assistance agreement made in Virginia to the extent required by the agreement. However, there shall be no reimbursement for services or benefit amounts covered under any insurance or other third party medical contract or arrangement held by the child or the adoptive parents. The Department of Medical Assistance Services shall adopt regulations implementing this subsection. The additional coverages and benefit amounts provided pursuant to this subsection shall be for services for which there is no federal financial contribution or which, if federally aided, are not provided by the residence state. Such regulations shall include procedures to be followed in obtaining prior approvals for services when such approval is required for the assistance.\n\nD\n\nThe submission of any claim for payment or reimbursement for services or benefits pursuant to this section or the making of any statement in connection therewith, which claim or statement the maker knows or should know to be false, misleading or fraudulent shall be punishable as perjury and shall also be subject to a fine of not more than $10,000, or imprisonment for not more than two years, or both.\n\nE\n\nThe provisions of this section shall apply only to medical assistance for children under adoption assistance agreements from states that have entered into a compact with this Commonwealth under which the other state provides medical assistance to children with special needs under adoption assistance agreements made by this Commonwealth. All other children entitled to medical assistance pursuant to adoption assistance agreements entered into by this Commonwealth shall be eligible to receive it in accordance with the laws and procedures applicable thereto.\n\n","order_by":null,"text":{"0":{"id":1401230,"text":"A child with special needs resident in this Commonwealth who is the subject of an adoption assistance agreement with another state shall be entitled to receive a medical assistance identification from this Commonwealth upon the filing in the Department of a certified copy of the adoption assistance agreement obtained from the adoption assistance state. In accordance with regulations of the Department, the adoptive parents shall be required at least annually to show that the agreement is still in force or has been renewed.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1401231,"text":"The Department of Medical Assistance Services shall consider the holder of medical assistance identification pursuant to this section as any other holder of a medical assistance identification under the laws of this Commonwealth and shall process and make payment on claims on account of such holder in the same manner and pursuant to the same conditions and procedures as for other recipients of medical assistance.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":1401232,"text":"The Department shall provide coverage and benefits not provided by the state plan for medical assistance in the residence state for a child who is in another state and who is covered by an adoption assistance agreement made in Virginia to the extent required by the agreement. However, there shall be no reimbursement for services or benefit amounts covered under any insurance or other third party medical contract or arrangement held by the child or the adoptive parents. The Department of Medical Assistance Services shall adopt regulations implementing this subsection. The additional coverages and benefit amounts provided pursuant to this subsection shall be for services for which there is no federal financial contribution or which, if federally aided, are not provided by the residence state. Such regulations shall include procedures to be followed in obtaining prior approvals for services when such approval is required for the assistance.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":1401233,"text":"The submission of any claim for payment or reimbursement for services or benefits pursuant to this section or the making of any statement in connection therewith, which claim or statement the maker knows or should know to be false, misleading or fraudulent shall be punishable as perjury and shall also be subject to a fine of not more than $10,000, or imprisonment for not more than two years, or both.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":1401234,"text":"The provisions of this section shall apply only to medical assistance for children under adoption assistance agreements from states that have entered into a compact with this Commonwealth under which the other state provides medical assistance to children with special needs under adoption assistance agreements made by this Commonwealth. All other children entitled to medical assistance pursuant to adoption assistance agreements entered into by this Commonwealth shall be eligible to receive it in accordance with the laws and procedures applicable thereto.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":53367,"edition_id":2,"name":"Uniform Act on Adoption and Medical Assistance","identifier":"14","label":"chapter","depth":3,"order_by":5,"parent_id":53353,"metadata":{"child_laws":6,"child_structures":0},"date_created":"2026-08-02 03:15:37","date_modified":"2026-08-02 12:36:59","permalink":{"id":1498685,"object_type":"structure","relational_id":53367,"identifier":"14","token":"63.2\/III\/14","url":"\/63.2\/III\/14\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53353,"edition_id":2,"name":"Social Services Programs","identifier":"III","label":"subtitle","depth":2,"order_by":3,"parent_id":53350,"metadata":{"child_laws":188,"child_structures":29},"date_created":"2026-08-02 03:15:26","date_modified":"2026-08-02 12:36:57","permalink":{"id":1498333,"object_type":"structure","relational_id":53353,"identifier":"III","token":"63.2\/III","url":"\/63.2\/III\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53350,"edition_id":2,"name":"Welfare (Social Services)","identifier":"63.2","label":"title","depth":1,"order_by":135,"parent_id":null,"metadata":{"child_laws":493,"child_structures":73},"date_created":"2026-08-02 03:15:26","date_modified":"2026-08-02 12:36:55","permalink":{"id":1497663,"object_type":"structure","relational_id":53350,"identifier":"63.2","token":"63.2","url":"\/63.2\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":375358,"structure_id":53367,"section_number":"63.2-1400","catch_line":"Repealed","url":"\/63.2-1400\/","token":"63.2\/III\/14\/63.2-1400","metadata":false},{"id":375359,"structure_id":53367,"section_number":"63.2-1401","catch_line":"Compacts authorized","url":"\/63.2-1401\/","token":"63.2\/III\/14\/63.2-1401","metadata":false},{"id":375360,"structure_id":53367,"section_number":"63.2-1402","catch_line":"Definitions","url":"\/63.2-1402\/","token":"63.2\/III\/14\/63.2-1402","metadata":false},{"id":375361,"structure_id":53367,"section_number":"63.2-1403","catch_line":"Contents of compacts","url":"\/63.2-1403\/","token":"63.2\/III\/14\/63.2-1403","metadata":false},{"id":375362,"structure_id":53367,"section_number":"63.2-1404","catch_line":"Medical assistance; penalties","url":"\/63.2-1404\/","token":"63.2\/III\/14\/63.2-1404","metadata":false},{"id":375363,"structure_id":53367,"section_number":"63.2-1405","catch_line":"Federal participation","url":"\/63.2-1405\/","token":"63.2\/III\/14\/63.2-1405","metadata":false}],"previous_section":{"id":375361,"structure_id":53367,"section_number":"63.2-1403","catch_line":"Contents of compacts","url":"\/63.2-1403\/","token":"63.2\/III\/14\/63.2-1403","metadata":false},"next_section":{"id":375363,"structure_id":53367,"section_number":"63.2-1405","catch_line":"Federal participation","url":"\/63.2-1405\/","token":"63.2\/III\/14\/63.2-1405","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/63.2-1404\/","history_text":"

This law was first created in 1988. The record of its establishment is cataloged in chapter 154 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1988 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2002, chapter 747<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":1498703,"object_type":"law","relational_id":375362,"identifier":"63.2-1404","token":"63.2\/III\/14\/63.2-1404","url":"\/63.2-1404\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/63.2-1404\/","token":"63.2\/III\/14\/63.2-1404","dublin_core":{"Title":"Medical assistance; penalties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 63.2-1404","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A child<\/span> with special needs resident in this Commonwealth who is the subject of an adoption assistance agreement with another state shall be entitled to receive a medical assistance identification from this Commonwealth upon the filing in the Department<\/span> of a certified copy of the adoption assistance agreement obtained from the adoption assistance state<\/span>. In accordance with regulations of the Department<\/span>, the adoptive parents shall be required at least annually to show that the agreement is still in force or has been renewed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Department<\/span> of Medical Assistance Services shall consider the holder of medical assistance identification pursuant to this section as any other holder of a medical assistance identification under the laws<\/span> of this Commonwealth and shall process and make payment on claims on account of such holder in the same manner and pursuant to the same conditions and procedures as for other recipients of medical assistance. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Department<\/span> shall provide coverage and benefits not provided by the state plan for medical assistance in the residence state<\/span> for a child<\/span> who is in another state and who is covered by an adoption assistance agreement made in Virginia to the extent required by the agreement. However, there shall be no reimbursement for services or benefit amounts covered under any insurance or other third party<\/span> medical contract<\/span> or arrangement held by the child<\/span> or the adoptive parents. The Department<\/span> of Medical Assistance Services shall adopt regulations implementing this subsection. The additional coverages and benefit amounts provided pursuant to this subsection shall be for services for which there is no federal financial contribution or which, if federally aided, are not provided by the residence state<\/span>. Such regulations shall include procedures to be followed in obtaining prior approvals for services when such approval is required for the assistance. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The submission of any claim for payment or reimbursement for services or benefits pursuant to this section or the making of any statement in connection therewith, which claim or statement the maker knows or should know to be false, misleading or fraudulent shall be punishable as perjury<\/span> and shall also be subject to a fine of not more than $10,000, or imprisonment for not more than two years, or both. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The provisions of this section shall apply only to medical assistance for children under adoption assistance agreements from states<\/span> that have entered into a compact with this Commonwealth under which the other state provides medical assistance to children with special needs under adoption assistance agreements made by this Commonwealth. All other children entitled to medical assistance pursuant to adoption assistance agreements entered into by this Commonwealth shall be eligible to receive it in accordance with the laws<\/span> and procedures applicable thereto. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nMEDICAL ASSISTANCE; PENALTIES (\u00a7 63.2-1404)\n\nA. A child with special needs resident in this Commonwealth who is the subject\nof an adoption assistance agreement with another state shall be entitled to\nreceive a medical assistance identification from this Commonwealth upon the\nfiling in the Department of a certified copy of the adoption assistance\nagreement obtained from the adoption assistance state. In accordance with\nregulations of the Department, the adoptive parents shall be required at least\nannually to show that the agreement is still in force or has been renewed.\n\nB. The Department of Medical Assistance Services shall consider the holder of\nmedical assistance identification pursuant to this section as any other holder\nof a medical assistance identification under the laws of this Commonwealth and\nshall process and make payment on claims on account of such holder in the same\nmanner and pursuant to the same conditions and procedures as for other\nrecipients of medical assistance.\n\nC. The Department shall provide coverage and benefits not provided by the state\nplan for medical assistance in the residence state for a child who is in another\nstate and who is covered by an adoption assistance agreement made in Virginia to\nthe extent required by the agreement. However, there shall be no reimbursement\nfor services or benefit amounts covered under any insurance or other third party\nmedical contract or arrangement held by the child or the adoptive parents. The\nDepartment of Medical Assistance Services shall adopt regulations implementing\nthis subsection. The additional coverages and benefit amounts provided pursuant\nto this subsection shall be for services for which there is no federal financial\ncontribution or which, if federally aided, are not provided by the residence\nstate. Such regulations shall include procedures to be followed in obtaining\nprior approvals for services when such approval is required for the assistance.\n\nD. The submission of any claim for payment or reimbursement for services or\nbenefits pursuant to this section or the making of any statement in connection\ntherewith, which claim or statement the maker knows or should know to be false,\nmisleading or fraudulent shall be punishable as perjury and shall also be\nsubject to a fine of not more than $10,000, or imprisonment for not more than\ntwo years, or both.\n\nE. The provisions of this section shall apply only to medical assistance for\nchildren under adoption assistance agreements from states that have entered into\na compact with this Commonwealth under which the other state provides medical\nassistance to children with special needs under adoption assistance agreements\nmade by this Commonwealth. All other children entitled to medical assistance\npursuant to adoption assistance agreements entered into by this Commonwealth\nshall be eligible to receive it in accordance with the laws and procedures\napplicable thereto.\n\nHISTORY: 1988, c. 154, \u00a7 63.1-238.10; 2002, c. 747.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}