§ 108A-70.25. State Plan for Health Insurance Program for Children.
§ 108A‑70.25. State Plan for Health Insurance Program for Children.
The Department shall develop and submit a State Plan to implement"The Health Insurance Program for Children" authorized under thisPart to the federal government as application for federal funds under TitleXXI. The State Plan submitted under this Part shall be developed by theDepartment only as authorized by and in accordance with this Part. No provisionin the State Plan submitted under this Part may expand or otherwise alter thescope or purpose of the Program from that authorized under this Part. TheDepartment shall include in the State Plan submitted only those items requiredby this Part and required by the federal government to qualify for federalfunds under Title XXI and necessary to secure the State's federal fundallotment for the applicable fiscal period. Except as otherwise provided inthis section, the Department shall not amend the State Plan nor submit anyamendments thereto to the federal government for review or approval without thespecific approval of the General Assembly. In the event federal law requiresthat an amendment be made to the State Plan and further requires that theamendment be submitted or implemented within a time period when the GeneralAssembly is not and will not be in session to approve the amendment, then theDepartment may submit the amendment to the federal government for review andapproval without the approval of the General Assembly. Prior to submitting anamendment to the federal government without General Assembly approval asauthorized in this section, the Department shall report the proposed amendmentto the Joint Legislative Health Care Oversight Committee and to members of theJoint Appropriations Subcommittee on Health and Human Services. The reportshall include an explanation of the amendment, the necessity therefor, and thefederal time limits required for implementation of the amendment. (1998‑1, s. 1.)