§ 1396r-1a. Presumptive eligibility for children
(a)
In general
A State plan approved under section
1396a of this title may provide for making medical assistance with respect to health care items and services covered under the State plan available to a child during a presumptive eligibility period.
(b)
Definitions; regulations
For purposes of this section:
(2)
The term “presumptive eligibility period” means, with respect to a child, the period that—
(A)
begins with the date on which a qualified entity determines, on the basis of preliminary information, that the family income of the child does not exceed the applicable income level of eligibility under the State plan, and
(3)
(A)
Subject to subparagraph (B), the term “qualified entity” means any entity that—
(i)
(I)
is eligible for payments under a State plan approved under this subchapter and provides items and services described in subsection (a) of this section,
(II)
is authorized to determine eligibility of a child to participate in a Head Start program under the Head Start Act (42 U.S.C. 9831 et seq.), eligibility of a child to receive child care services for which financial assistance is provided under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), eligibility of an infant or child to receive assistance under the special supplemental nutrition program for women, infants, and children (WIC) under section
1786 of this title [1] eligibility of a child for medical assistance under the State plan under this subchapter, or eligibility of a child for child health assistance under the program funded under subchapter XXI of this chapter,
(III)
is an elementary school or secondary school, as such terms are defined in section
8801 of title
20,[2] an elementary or secondary school operated or supported by the Bureau of Indian Affairs, a State or tribal child support enforcement agency, an organization that is providing emergency food and shelter under a grant under the Stewart B. McKinney Homeless Assistance Act [2] [42 U.S.C. 11301 et seq.], or a State or tribal office or entity involved in enrollment in the program under this subchapter, under part A of subchapter IV of this chapter, under subchapter XXI of this chapter, or that determines eligibility for any assistance or benefits provided under any program of public or assisted housing that receives Federal funds, including the program under section
8 [42 U.S.C. 1437f] or any other section of the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) or under the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.), or
(c)
Application for medical assistance; procedure upon determination of presumptive eligibility
(1)
The State agency shall provide qualified entities with—
(2)
A qualified entity that determines under subsection (b)(2) of this section that a child is presumptively eligible for medical assistance under a State plan shall—
(3)
In the case of a child who is determined by a qualified entity to be presumptively eligible for medical assistance under a State plan, the parent, guardian, or other person shall make application on behalf of the child for medical assistance under such plan by not later than the last day of the month following the month during which the determination is made, which application may be the application used for the receipt of medical assistance by individuals described in section
1396a
(l)(1) of this title.
(d)
Treatment of medical assistance
Notwithstanding any other provision of this subchapter, medical assistance for items and services described in subsection (a) of this section that—
shall be treated as medical assistance provided by such plan for purposes of section
1396b of this title.
[1] So in original. A comma probably should appear after “title”.
[2] See References in Text note below.