Page:United States Statutes at Large Volume 123.djvu/63

 123STA T .4 3 PUBLIC LA W 111 – 3 —FE B.4 , 2 0 0 9‘ ‘ (I I )DET E RMINA TI O NO F E L I G I B ILIT Y.— D urings u chtempo r a r y enro l lment perio d, the S tate shall determine the child ’ s eligi b ility f or child health assistance under title X XI or for medical assistance under this title in accordance w ith this clause. ‘‘(III) P ROM P T FOLLO WU P.—In ma k ing such a determination, the State shall take prompt action to determine whether the child should be enrolled in med - ical assistance under this title or child health assist- ance under title XXI pursuant to subparagraphs ( A ) and ( B ) of section 210 2(b)( 3 ) (relating to screen and enroll). ‘‘(I V ) R E Q UIREMENT FOR S IMPLIFIE D DETERMINA- TION.—In making such a determination, the State shall use procedures that, to the ma x imum feasible extent, reduce the burden imposed on the indi v idual of such determination. Such procedures may not re q uire the child’s parent, guardian, or custodial relative to provide or verify information that already has been provided to the State agency by an E xpress L ane agency or another source of information unless the State agency has reason to believe the information is erroneous. ‘‘(V) A V AILABILITY OF CH IP MATCHING FUNDS DURING TEMPORARY ENROLLMENT PERIOD.— M edical assistance for items and services that are provided to a child enrolled in title XXI during a temporary enrollment period under this clause shall be treated as child health assistance under such title. ‘‘(D) O PTION FOR AUTOMATIC ENROLLMENT.— ‘‘(i) IN GENERAL.— T he State may initiate and deter- mine eligibility for medical assistance under the State Med- icaid plan or for child health assistance under the State CH IP plan without a program application from, or on behalf of, the child based on data obtained from sources other than the child (or the child’s family), but a child can only be automatically enrolled in the State Medicaid plan or the State CHIP plan if the child or the family affirmatively consents to being enrolled through affirmation in writing, by telephone, orally, through electronic signature, or through any other means specified by the Secretary or by signature on an Express Lane agency application, if the requirement of clause (ii) is met. ‘‘(ii) INFORMATION REQUIREMENT.—The requirement of this clause is that the State informs the parent, guardian, or custodial relative of the child of the services that will be covered, appropriate methods for using such services, premium or other cost sharing charges (if any) that apply, medical support obligations (under section 1 9 12(a)) created by enrollment (if applicable), and the actions the parent, guardian, or relative must take to maintain enrollment and renew coverage. ‘‘(E) CODING APPLICATION TO ENROLLMENT ERROR RATES.— ‘‘(i) IN GENERAL.— F or purposes of subparagraph (A)(iv), the requirement of this subparagraph for a State is that the State agrees to— ‘‘(I) assign such codes as the Secretary shall require to the children who are enrolled in the State Procedu re s.