Page:United States Statutes at Large Volume 123.djvu/41

 123STA T . 21 PUBLIC LA W 111 – 3 —FE B. 4, 2 0 0 9afisc a lye a r e x cee d s th ea moun ta v aila b le for the fiscal year under this sub p ara g raph , the amount to be paid under this paragraph to each S tate shall be reduced proportionally .‘ ‘ (F)QUALIFY I NGCH IL DRE N DEFINED. — ‘‘(i) I N GENERAL.—For purposes of this subsection, sub j ect to clauses (ii) and (iii), the term ‘ q ualifying children ’ means children w ho meet the eligibility cri - teria (including income, categorical eligibility, age, and immigration status criteria) in effect as of J uly 1, 20 0 8 , for enrollment under title X IX, ta k ing into account criteria applied as of such date under title XIX pursu- ant to a waiver under section 111 5 . ‘‘(ii) L I M I T ATI O N.— A child described in clause (i) who is provided medical assistance during a presump- tive eligibility period under section 1 9 20A shall be considered to be a ‘qualifying child’ only if the child is determined to be eligible for medical assistance under title XIX. ‘‘(iii) EX CLU S ION.—Such term does not include any children for whom the State has made an election to provide medical assistance under paragraph ( 4 )of section 190 3 (v). ‘‘( G )A P PLICATION TO COMMON W EALTHS AND TERRI- TORIES.— T he provisions of subparagraph (G) of section 2104(n)(3) shall apply with respect to payment under this paragraph in the same manner as such provisions apply to payment under such section. ‘‘( H ) APPLICATION TO STATES THAT IMPLEMENT A M ED- ICAID EXPANSION FOR CHILDREN AFTER FISCAL YEAR 20 0 8 .— In the case of a State that provides coverage under section 115 of the C hildren’s Health Insurance P rogram R eauthor- i z ation Act of 2009 for any fiscal year after fiscal year 2008— ‘‘(i) any child enrolled in the State plan under title XIX through the application of such an election shall be disregarded from the determination for the State of the monthly average unduplicated number of qualifying children enrolled in such plan during the first 3 fiscal years in which such an election is in effect and ‘‘(ii) in determining the baseline number of child enrollees for the State for any fiscal year subsequent to such first 3 fiscal years, the baseline number of child enrollees for the State under title XIX for the third of such fiscal years shall be the monthly average unduplicated number of qualifying children enrolled in the State plan under title XIX for such third fiscal year. ‘‘(4) ENROLLMENT AND RETENTION PRO V ISIONS FOR CHIL- DREN.—For purposes of paragraph (3)(A), a State meets the condition of this paragraph for a fiscal year if it is implementing at least 5 of the following enrollment and retention provisions (treating each subparagraph as a separate enrollment and retention provision) throughout the entire fiscal year ‘‘(A) CONTINUOUS ELIGI B ILITY.—The State has elected the option of continuous eligibility for a full 12 months