56-7-3005 - Eligibility for the program. [Effective Until Various Dates. See the Compiler's Notes.]
56-7-3005. Eligibility for the program. [Effective Until Various Dates. See the Compiler's Notes.]
(a) Eligibility for the program operated pursuant to this part shall be limited to citizens of the United States, except that individuals satisfying the federally defined exceptions contained in 8 U.S.C. § 1622(b) shall also be eligible to apply.
(b) The department shall establish eligibility criteria and guidelines for individuals to enroll in the program. The criteria may include:
(1) Income and/or asset criteria;
(2) Residency requirements;
(3) Citizenship requirements;
(4) Insurance status;
(5) Employment status, including minimum numbers of hours per week and weeks per year worked; and
(6) Any other eligibility criteria deemed appropriate by the department and not in conflict with this part. [Effective Until Various Dates. See the Compiler's Notes.]
(c) The department shall require individuals to have been without health benefits coverage for at least six (6) months prior to application in order to be eligible; provided, however, that this requirement may be waived by the department for any period of time when:
(1) An individual has had benefits coverage as a member of the armed forces;
(2) An individual's employer offered such benefits coverage and did not pay at least half of the cost of the benefits coverage; or
(3) (A) An individual suffers an involuntary loss of coverage.
(B) This subdivision (c)(3) shall be repealed midnight June 30, 2012.
(d) To the extent that all but a limited number of a contributing employer's employees meet the eligibility criteria established pursuant to subsection (a), the department may elect to waive some or all of the eligibility criteria for those employees who do not meet the criteria.
(e) The department may limit the overall number of individuals enrolled in the program, or the number of individuals in department-defined subcategories enrolled in the program.
(f) The department shall establish an application process for individuals to enroll in the program, and shall reevaluate the eligibility of such individuals on a periodic basis.
(g) Subdivision (c)(3) shall be repealed midnight June 30, 2012. Pursuant to § 56-7-3028, the subsections (a), (b) and (d)-(f) and subdivisions (c)(1) and (2) shall be repealed on June 30, 2010.
[Acts 2006, ch. 867, §§ 5, 14(a); 2008, ch. 1093, §§ 2, 4.]