Frequently Asked Questions

The latest date by which the SPA must be filed in order to meet the required effective date of January 1, 2014 is March 31, 2014 (the end of the quarter in which the policy will take effect). However, the hospital PE provision took effect on January 1 and every state is expected to implement this provision in compliance with the law.

CMS has provided a series of guidance and tools designed to assist states in implementing hospital presumptive eligibility, including proposed and final regulations, several all-state SOTA calls and webinars, and a model set of training materials for states to use in educating hospitals about PE. In addition, CMS convened an "affinity group" of a dozen states designed to share questions and best practices in detail as states were designing their hospital PE policies. These discussions were informed by several internal and external subject matter experts in the field of PE who offered suggestions about developing training materials, simplifying applications, and considering standards for states to use in measuring hospital performance and ensuring accountability. CMS is available to provide ongoing technical assistance and to review preliminary SPA proposals to help ensure that states are implementing hospital PE properly. States that wish to discuss mitigation approaches for implementing hospital PE should reach out through the SOTA process.

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• This FAQ was released as part of a larger set. View the full set. (PDF, 151.09 KB)

FAQ ID:91731

States have flexibility in establishing agreements with hospitals, structuring training programs and conducting oversight consistent with overall federal guidance and the goal of ensuring that hospital PE is available as a way for individuals to access coverage. Under the regulations, states must explain their PE policies and procedures to their qualified entities. To provide transparency into the states' approach to ensuring that qualified entities have information on state eligibility policies and procedures, states must describe their process as part of their state plan amendment (SPA) submission and include with their SPA copies of training materials, documents or other materials provided to qualified entities demonstrating that the state is fulfilling its responsibilities. To assist states, CMS has provided a model structure for training materials and examples from other states where hospital PE has been approved. CMS will review materials in draft form in order to facilitate the SPA review and approval process. Materials relating to hospital PE are available on Medicaid.gov at www.medicaid.gov/resources-for-states/medicaid-and-chip-mac-learning-collaboratives/index.html.

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• This FAQ was released as part of a larger set. View the full set. (PDF, 151.09 KB)

FAQ ID:91466

The timeline is the same for all types of PE, including hospital PE. The hospital PE period begins on the day that the qualified hospital approves PE. The end date, if a Medicaid application is filed by the last day of the month after the month that PE is determined, is the date full Medicaid eligibility is approved or denied. If a Medicaid application is not filed by the last day of the month after the month that hospital PE is determined, the PE period ends on that day. The statute (section 1920(b)(1), 1920A(b)(2), and section 1920B(b)(1)), codified at section 435.1101 (definitions), discusses the beginning and end dates for coverage based on presumptive eligibility.

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• This FAQ was released as part of a larger set. View the full set. (PDF, 151.09 KB)

FAQ ID:91471

The purpose of hospital PE and PE more broadly is to provide a streamlined option for people who appear to be eligible to get access to immediate coverage. The statute makes it clear that a full eligibility determination is not immediately needed and cannot be required in order for hospital PE to be approved.

While states may not require an individual to fill out a full Medicaid application in order to receive a hospital PE determination or before a PE period begins, individuals should be informed that filing a full Medicaid application is necessary for coverage to continue, and states may require that qualified entities assist individuals determined presumptively eligible in completing a full Medicaid application during the PE period.

A state may use the full application for enrollment into hospital PE as long as the application clearly notes which questions need not be answered for PE purposes. An applicant can decide whether to answer those questions at the same time they are enrolling in PE, or to finish the application at a later time. Alternatively, a state could use a separate, short-form hospital PE application and then direct the qualified entity to help the applicant complete the full application by the end of the hospital PE period.

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• This FAQ was released as part of a larger set. View the full set. (PDF, 151.09 KB)

FAQ ID:91476

Yes, this is a state option. Consistent with 42 CFR section 435.1102(d)(i), the individual or another person completing the application on the individual's behalf (who has reasonable knowledge of the individual's status) may be asked to attest that the individual is a citizen or in satisfactory immigration status, and is a resident of the state. It is important to note that while questions regarding attestation for citizenship, immigration status, and state residency are allowed, hospital PE determinations cannot be held up pending verification of such status. Verification of citizenship and immigration status is, however, required before a final eligibility determination can be made.

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• This FAQ was released as part of a larger set. View the full set. (PDF, 151.09 KB)

FAQ ID:91481

As noted above, states have many different options for developing and administering the presumptive eligibility application. States are not required to use a written application for hospital PE; they can permit qualified entities to ask the applicant for the information needed to make a PE determination and be accountable for accurately recording the information provided. States can also choose to use a written application for hospital PE. If a state requires the use of the single, streamlined application for hospital PE, it must denote which fields must be filled out in order for PE to be determined, meaning that the PE determination will be denied or delayed if this information is not provided by the applicant. The state cannot require the full Medicaid application be filled out in order to receive a PE determination. Questions that are not related to making a PE determination cannot be required (e.g. race and ethnicity).

If the state intends to use a separate application designed specifically for hospital PE, the questions must be limited to those needed by the qualified hospital to make a PE determination. CMS is available to provide technical assistance on the application questions that are necessary and that cannot be required for hospital PE purposes.

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• This FAQ was released as part of a larger set. View the full set. (PDF, 151.09 KB)

FAQ ID:91496

No, policies and procedures may differ between each type of PE, or the state can choose to align its policies. All policies must be consistent with applicable federal law.

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• This FAQ was released as part of a larger set. View the full set. (PDF, 151.09 KB)

FAQ ID:91506

States have the option to require hospitals to assist individuals in submitting the full application, which can help connect more people to longer-term coverage. While we encourage states to do so, to promote ongoing coverage, as noted above, a full application cannot be required as a condition of receiving a hospital PE determination, as the purpose of PE is to promote quick access to care on an interim basis while the full application process is underway. States can strike a reasonable balance by using the full application for hospital PE determinations, but clearly delineating which questions are necessary for PE purposes. States and hospitals can also use inserts or additional language to differentiate between the hospital PE application and the full application.

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• This FAQ was released as part of a larger set. View the full set. (PDF, 151.09 KB)

FAQ ID:91581

Real-time eligibility determinations make the role of PE different than it has been in the past. In situations in which the individual files a full application right away, the PE period would likely be considerably shorter-and eliminated altogether, as a practical matter, if a real-time determination is made. However, even with the most modernized systems, there invariably will be individuals for whom a real-time eligibility determination will not be possible. There also will be individuals who will not be comfortable with the online application, or ready with the information needed to complete a full online application and will instead opt to apply later or use a paper application. In such situations and for such individuals, PE remains a useful tool to facilitate prompt coverage and enrollment in the program. States have flexibility to in effect minimize the length of the PE periods by requiring that hospitals and other qualified entities assist individuals in submitting the single streamlined application online, as long as the individual is not required to submit the full application online as a condition of qualifying for PE.

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• This FAQ was released as part of a larger set. View the full set. (PDF, 151.09 KB)

FAQ ID:91586

Yes. A simplified method of determining income (e.g., using use of gross income rather than or other simplified approximation of MAGI) per 42 CFR 435.1102(a) is permitted for all types of PE. Our regulations at 42 CFR 435.1102(a) discuss the use of simplified income methods and clearly state that full MAGI-based eligibility determinations cannot be used to determine PE. This requirement applies to all forms of PE, including hospital PE, per 42 CFR 435.1103(a) and 435.1110(a).

Supplemental Links:

• This FAQ was released as part of a larger set. View the full set. (PDF, 151.09 KB)

FAQ ID:91591