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Are states required to cover new applicants who have insurance under the mandatory coverage level for children ages 6-18 in Medicaid up to 133 percent FPL?

Yes, consistent with Medicaid coverage rules. States must cover children ages 6-18 in the new mandatory Medicaid group and Medicaid is the secondary payer to other insurance. All children must be covered without regard to their insurance status but title XIX funds must be used to cover such children who have creditable health insurance.

Will states be eligible to receive the enhanced CHIP FMAP for children who lose Medicaid eligibility due to the elimination of income disregards as a result of the conversion to MAGI under 2101(f)?

Yes. As stated in the Frequently Asked Questions pertaining to this provision posted on April 25, 2013, states may claim the enhanced match available under title XXI for children who lose Medicaid eligibility due to the elimination of income disregards as a result of the conversion to MAGI. These children now meet the definition of a targeted low-income child and will be enrolled in a separate CHIP in accordance with section 2101(f) of the ACA.

Are states allowed to claim enhanced FMAP for enrollees whose family income is above 300 percent of the FPL?

Generally, no. Section 2105(c) (8) of the Social Security Act limits enhanced FMAP to the expenditures associated with children whose effective family income is at or below 300 percent FPL. Expenditures for children whose effective family income exceeds 300 percent of the FPL are matched at the regular Medicaid FMAP rate rather than the enhanced FMAP.

Will states be allowed to continue to cover parents and receive the enhanced CHIP FMAP for those expenditures?

States are no longer allowed to cover parents in CHIP after Sept. 30, 2013 and therefore, are no longer eligible to receive the enhanced CHIP FMAP for expenditures for parents.

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What federal matching rate applies for individuals found presumptively eligible by hospitals? Is the newly

While individuals may be determined "presumptively eligible" for coverage under the new adult group by a qualified hospital or qualified entity, the newly eligible FMAP is only available once the full eligibility determination has been completed. In these circumstances, the newly eligible FMAP is only authorized with respect to individuals determined eligible for the new adult group by the state agency or other public entity authorized to make final Medicaid eligibility determinations.

Can a state make a qualified hospital liable when a PE determination results in a denial of Medicaid eligibility?

There is no recoupment for Medicaid services provided during a PE period resulting from erroneous determinations made by qualified entities. Payment for services covered under the state plan (as well as federal financial participation) is guaranteed during a PE period; without such a guarantee, providers could not rely on the PE determination. As noted, states have various ways to ensure that hospitals are making appropriate PE determinations and must fulfill their oversight responsibilities.

Must the hospital complete the PE application and determination process before services can be covered by Medicaid?

Yes, an individual has to be found presumptively eligible (the PE application is submitted and a determination made) for services to be covered during the hospital PE period.

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What is hospital presumptive eligibility and how is it different from presumptive eligibility (PE) for pregnant women and children?

For years, states have had the option to use presumptive eligibility (PE) to connect pregnant women and children to Medicaid. Hospitals were often key to implementing PE for those populations. Starting in January 2014, the Affordable Care Act gives qualified hospitals a unique new opportunity to connect other populations to Medicaid coverage. Under this new PE authority, hospitals will be able to immediately enroll patients who are likely eligible under a state's Medicaid eligibility guidelines for a temporary period of time.

Does my state have to implement hospital presumptive eligibility (PE)?

Yes, under the law, all states must implement hospital PE to include all qualifying hospitals willing to abide by state policies and procedures. States have discretion in how they operate hospital PE to ensure that appropriate PE determinations are being made. In order to be considered a qualified entity, under the regulation at 42 CFR 435.1110(b)(1), the hospital must agree to make presumptive eligibility determinations consistent with state policies and procedures, and the state can and should exercise oversight to ensure proper administration of hospital PE.