GENERAL CONTENTS OF STATE CHILD HEALTH PLAN; ELIGIBILITY; OUTREACH
Sec. 2102. [42 U.S.C. 1397bb] (a) General Background and Description.—A State child health plan shall include a description, consistent with the requirements of this title, of—
(1) the extent to which, and manner in which, children in the State, including targeted low-income children and other classes of children classified by income and other relevant factors, currently have creditable health coverage (as defined in section 2110(c)(2));
(2) current State efforts to provide or obtain creditable health coverage for uncovered children, including the steps the State is taking to identify and enroll all uncovered children who are eligible to participate in public health insurance programs and health insurance programs that involve public-private partnerships;
(3) how the plan is designed to be coordinated with such efforts to increase coverage of children under creditable health coverage;
(4) the child health assistance provided under the plan for targeted low-income children, including the proposed methods of delivery, and utilization control systems;
(5) eligibility standards consistent with subsection (b);
(6) outreach activities consistent with subsection (c); and
(7) methods (including monitoring) used—
(A) to assure the quality and appropriateness of care, particularly with respect to well-baby care, well-child care, and immunizations provided under the plan; [3]
(B) to assure access to covered services, including emergency services and services described in paragraphs (5) and (6) of section2103(c); and[4]
(C) to ensure that the State agency involved is in compliance with subparagraphs (A), (B), and (C) of section 1128K(b)(2).[5]
(b) General Description of Eligibility Standards and Methodology.—
(1) Eligibility standards.—
(A) In general.—The plan shall include a description of the standards used to determine the eligibility of targeted low-income children for child health assistance under the plan. Such standards may include (to the extent consistent with this title) those relating to the geographic areas to be served by the plan, age, income and resources (including any standards relating to spenddowns and disposition of resources), residency, disability status (so long as any standard relating to such status does not restrict eligibility), access to or coverage under other health coverage, and duration of eligibility. Such standards may not discriminate on the basis of diagnosis.
(B) Limitations on eligibility standards.—Such eligibility standards—
(i) shall, within any defined group of covered targeted low-income children, not cover such children with higher family income without covering children with a lower family income;
(ii) may not deny eligibility based on a child having a preexisting medical condition; and
(iii) may not apply a waiting period (including a waiting period to carry out paragraph (3)(C)) in the case of a targeted low-income pregnant woman provided pregnancy-related assistance under section 2112;
(iv) at State option, may not apply a waiting period in the case of a child provided dental-only supplemental coverage under section 2110(b)(5); and
(v)[6] shall, beginning January 1, 2014, use modified adjusted gross income and household income (as defined in section 36B(d)(2) of the Internal Revenue Code of 1986)[7] to determine eligibility for child health assistance under the State child health plan or under any waiver of such plan and for any other purpose applicable under the plan or waiver for which a determination of income is required, including with respect to the imposition of premiums and cost-sharing, consistent with section 1902(e)(14).
(2) Methodology.—The plan shall include a description of methods of establishing and continuing eligibility and enrollment.
(3) Eligibility screening; coordination with other health coverage programs.—The plan shall include a description of procedures to be used to ensure—
(A) through both intake and followup screening, that only targeted low-income children are furnished child health assistance under the State child health plan;
(B) that children found through the screening to be eligible for medical assistance under the State medicaid plan under title XIX are enrolled for such assistance under such plan;
(C) that the insurance provided under the State child health plan does not substitute for coverage under group health plans;
(D) the provision of child health assistance to targeted low-income children in the State who are Indians (as defined in section 4(c) of the Indian Health Care Improvement Act, 25 U.S.C. 1603(c)[8]); and
(E) coordination with other public and private programs providing creditable coverage for low-income children.
(4)Reduction of administrative barriers to enrollment.—
(A) In general.—Subject to subparagraph (B), the plan shall include a description of the procedures used to reduce administrative barriers to the enrollment of children and pregnant women who are eligible for medical assistance under title XIX or for child health assistance or health benefits coverage under this title. Such procedures shall be established and revised as often as the State determines appropriate to take into account the most recent information available to the State identifying such barriers.
(B) Deemed compliance if joint application and renewal process that permits application other than in person.—A State shall be deemed to comply with subparagraph (A) if the State’s application and renewal forms and supplemental forms (if any) and information verification process is the same for purposes of establishing and renewing eligibility for children and pregnant women for medical assistance under title XIX and child health assistance under this title, and such process does not require an application to be made in person or a faceto- face interview.
(5) Nonentitlement.—Nothing in this title shall be construed as providing an individual with an entitlement to child health assistance under a State child health plan.
(c) Outreach and Coordination.—A State child health plan shall include a description of the procedures to be used by the State to accomplish the following:
(1) Outreach.—Outreach (through community health workers and others) to families of children likely to be eligible for child health assistance under the plan or under other public or private health coverage programs to inform these families of the availability of, and to assist them in enrolling their children in, such a program.
(2) Coordination with other health insurance programs.—Coordination of the administration of the State program under this title with other public and private health insurance programs.
(3) Premium assistance subsidies.—In the case of a State that provides for premium assistance subsidies under the State child health plan in accordance with paragraph (2)(B), (3), or (10) of section 2105(c), or a waiver approved under section 1115, outreach, education, and enrollment assistance for families of children likely to be eligible for such subsidies, to inform such families of the availability of, and to assist them in enrolling their children in, such subsidies, and for employers likely to provide coverage that is eligible for such subsidies, including the specific, significant resources the State intends to apply to educate employers about the availability of premium assistance subsidies under the State child health plan.
[3] P.L.114-198, §706(b)(2)(A) struck “and” at the end of the subparagraph. Effective December 10, 2016.
[4] P.L. 111–3, §501(a)(2), inserted “and services described in section 2103(c)(5)” after “emergency services”. Effective for coverage of items and services furnished on or after October 1, 2009.
P.L.114-198, §706(b)(2)(A) inserted “; and” at the end of the subparagraph. Effective July 22, 2016.
P.L. 115–271, §5022(c), struck “section 2103(c)(5)” and inserted “paragraphs (5) and (6) of section 2103(c). See Vol. II, P.L. 115–271, §5022(e)(1), for applicability. Subject to paragraph (2) of §5022(e), effective for child health assistance provided on or after the date that is 1 year after the date of enactment, which was October 24, 2018.
[5] P.L.114-198, §706(b)(2)(C), added subparagraph (C). Effective July 22, 2016.
[6] P.L. 111–148, §2101(d)(1)(C), added clause (v). Effective March 23, 2010.
[7] See Vol. II, P.L. 83—591, §36B (d)(2).
[8] See Vol. II, P.L. 94-437, §4.