§ 458-d. Medical subsidy. 1. Any child with respect to whom federally
reimbursable kinship guardianship assistance payments are made under
this title is eligible for medical assistance under title XIX of the
federal social security act.

2. In addition, a social services official shall make payments for the
cost of care, services and supplies payable under the state's program of
medical assistance for needy persons provided to any child for whom
kinship guardianship assistance payments are being made under this title
who is not eligible for medical assistance under subdivision one of this
section and for whom the relative or successor guardian is unable to
obtain appropriate and affordable medical coverage through any other
available means, regardless of whether the child otherwise qualifies for
medical assistance for needy persons. Payments pursuant to this
subdivision shall be made only with respect to the cost of care,
services, and supplies which are not otherwise covered or subject to
payment or reimbursement by insurance, medical assistance or other
sources. Payments made pursuant to this subdivision shall only be made
if the relative or successor guardian applies to obtain such medical
coverage for the child from all available sources, unless the social
services official determines that the relative guardian has good cause
for not applying for such coverage; which shall include that appropriate
coverage is not available or affordable.

3. An application for payments under this section shall be made prior
to the issuance of letters of guardianship for the child. An approval of
an application for payments under this section shall not be subject to
annual review by the social services official, and such approval shall
remain in effect for as long as kinship guardianship assistance payments
are being made under this title for the child. Applications for such
payments shall be accepted prior to the issuance of letters of
guardianship of the child, and approval thereof may be granted
contingent upon such issuance.