Laws: Cases and Codes : U.S. Code : Title 42 : Section 1397bb


   
U.S. Code as of: 01/19/04
Section 1397bb. General contents of State child health plan; eligibility; outreach

    (a) General background and description
      A State child health plan shall include a description, consistent
    with the requirements of this subchapter, 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
      1397jj(c)(2) of this title);
        (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) of
      this section;
        (6) outreach activities consistent with subsection (c) of this
      section; 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, and
          (B) to assure access to covered services, including emergency
        services.
    (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 subchapter) 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, and
            (ii) may not deny eligibility based on a child having a
          preexisting medical condition.
      (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
        subchapter XIX of this chapter 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 1603(c) of title 25); and
          (E) coordination with other public and private programs
        providing creditable coverage for low-income children.
      (4) Nonentitlement
        Nothing in this subchapter 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 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 subchapter with other public and private health insurance
      programs.



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