Page:United States Statutes at Large Volume 123.djvu/61

 123STA T .4 1 PUBLIC LA W 111 – 3 —FE B.4 , 2 0 0 9(asdefin edins ubp a r a g rap h ( F) ) w hen i t deter m ines whether a c hi l d satisfies o ne or more components of eligi - bilit y for medical assistance under this title .T he S tate may rely on a finding from an Ex press L ane agency not- withstanding sections 1902 (a)( 46 )( B )and11 37 (d) or any differences in budget unit , disregard, deeming or other methodology, if the following re q uirements are met

‘( I ) PROHIB I T IO N ON DE TER M ININ GC HI L DREN INELI- GIBLE F OR CO V ER A GE. — If a finding from an Express Lane agency would result in a determination that a child does not satisfy an eligibility requirement for medical assistance under this title and for child health assistance under title X XI, the State shall determine eligibility for assistance using its regular procedures. ‘‘(II) N OTICE RE QU IREMENT.—For any child who is found eligible for medical assistance under the State plan under this title or child health assistance under title XXI and who is sub j ect to premiums based on an Express Lane agency ’ s finding of such child’s income le v el, the State shall provide notice that the child may qualify for lower premium payments if evaluated by the State using its regular policies and of the proce- dures for requesting such an evaluation. ‘‘(III) C OM P LIANCE W ITH S CREEN AND ENROLL REQUIREMENT.—The State shall satisfy the require- ments under subparagraphs ( A ) and (B) of section 2102(b)(3) (relating to screen and enroll) before enrolling a child in child health assistance under title XXI. At its option, the State may fulfill such require- ments in accordance with either option provided under subparagraph (C) of this paragraph. ‘‘(I V ) VERIFICATION OF CITI Z ENSHIP OR NATIONALIT Y STATUS.—The State shall satisfy the requirements of section 1902(a)(46)(B) or 210 5 (c)(9), as applicable for verifications of citi z enship or nationality status. ‘‘(V) CODING.—The State meets the requirements of subparagraph (E). ‘‘(ii) O PTION TO APPLY TO RENEWALS AND REDETERMINA- TIONS.—The State may apply the provisions of this para- graph when conducting initial determinations of eligibility, redeterminations of eligibility, or both, as described in the State plan. ‘‘(B) R ULES OF CONSTRUCTION.—Nothing in this paragraph shall be construed— ‘‘(i) to limit or prohibit a State from ta k ing any actions otherwise permitted under this title or title XXI in deter- mining eligibility for or enrolling children into medical assistance under this title or child health assistance under title XXI or ‘‘(ii) to modify the limitations in section 1902(a)(5) con- cerning the agencies that may make a determination of eligibility for medical assistance under this title. ‘‘(C) OPTIONS FOR SATISFYING THE SCREEN AND ENROLL REQUIREMENT.— ‘‘(i) IN GENERAL.— W ith respect to a child whose eligi- bility for medical assistance under this title or for child health assistance under title XXI has been evaluated by