42 U.S.C. § 1396r–1 | Presumptive eligibility for pregnant women

(a)

Ambulatory prenatal care

section 1396a of this titleA State plan approved under may provide for making ambulatory prenatal care available to a pregnant woman during a presumptive eligibility period.

(b)

Definitions

For purposes of this section—

(1)

the term “presumptive eligibility period” means, with respect to a pregnant woman, the period that—

(A)

begins with the date on which a qualified provider determines, on the basis of preliminary information, that the family income of the woman does not exceed the applicable income level of eligibility under the State plan, and

(B)

ends with (and includes) the earlier of—

(i)

the day on which a determination is made with respect to the eligibility of the woman for medical assistance under the State plan, or

(ii)

in the case of a woman who does not file an application by the last day of the month following the month during which the provider makes the determination referred to in subparagraph (A), such last day; and

(2)

the term “qualified provider” means any provider that—

(A)

is eligible for payments under a State plan approved under this subchapter,

(B)

section 1396d(a)(2) of this title section 1396d(a)(9) of this title provides services of the type described in subparagraph (A) or (B) of or in ,

(C)

is determined by the State agency to be capable of making determinations of the type described in paragraph (1)(A), and

(D)

(i)

receives funds under—

(I)

section 254b or 254c of this title,

(II)

subchapter V of this chapter, or

(III)

25 U.S.C. 1651 title V of the Indian Health Care Improvement Act [ et seq.];

(ii)

participates in a program established under—

(I)

section 1786 of this title , or

(II)

section 4(a) of the Agriculture and Consumer Protection Act of 1973;

(iii)

participates in a State perinatal program; or

(iv)

Public Law 93–638 25 U.S.C. 5321 is the Indian Health Service or is a health program or facility operated by a tribe or tribal organization under the Indian Self-Determination Act () [ et seq.].

section 1396r–1a(b)(3) of this titleThe term “qualified provider” also includes a qualified entity, as defined in .

(c)

Duties of State agency, qualified providers, and presumptively eligible pregnant women

(1)

The State agency shall provide qualified providers with—

(A)

such forms as are necessary for a pregnant woman to make application for medical assistance under the State plan, and

(B)

information on how to assist such women in completing and filing such forms.

(2)

A qualified provider that determines under subsection (b)(1)(A) that a pregnant woman is presumptively eligible for medical assistance under a State plan shall—

(A)

notify the State agency of the determination within 5 working days after the date on which determination is made, and

(B)

inform the woman at the time the determination is made that she is required to make application for medical assistance under the State plan by not later than the last day of the month following the month during which the determination is made.

(3)

l A pregnant woman who is determined by a qualified provider to be presumptively eligible for medical assistance under a State plan shall make application 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()(1)(A) of this title.

(d)

Ambulatory prenatal care as medical assistance

Notwithstanding any other provision of this subchapter, ambulatory prenatal care that—

(1)

is furnished to a pregnant woman—

(A)

during a presumptive eligibility period,

(B)

by a provider that is eligible for payments under the State plan; and

(2)

is included in the care and services covered by a State plan;

section 1396b of this titleshall be treated as medical assistance provided by such plan for purposes of .

(e)

Option to provide presumptive eligibility

section 1396r–1a of this title 1

1section 1396a of this title So in original. Probably means subsection (a)(10)(A) of .

section 1396u–1 of this title section 1396r–1a of this titleIf the State has elected the option to provide a presumptive eligibility period under this section or , the State may elect to provide a presumptive eligibility period (as defined in subsection (b)(1)) for individuals who are eligible for medical assistance under clause (i)(VIII), clause (i)(IX), or clause (ii)(XX) of subsection (a)(10)(A)  or in the same manner as the State provides for such a period under this section or , subject to such guidance as the Secretary shall establish.

Aug. 14, 1935, ch. 531 Pub. L. 99–509, title IX, § 9407(b)Oct. 21, 1986100 Stat. 2058 Pub. L. 100–360, title IV, § 411(k)(16)(A)July 1, 1988102 Stat. 799 Pub. L. 100–485, title VI, § 608(d)(26)(L)Oct. 13, 1988102 Stat. 2422 Pub. L. 101–508, title IV, § 4605(a)Nov. 5, 1990104 Stat. 1388–169 Pub. L. 106–113, div. B, § 1000(a)(6) [title VI, § 608(q)]Nov. 29, 1999113 Stat. 1536 Pub. L. 111–3, title I, § 113(b)(2)Feb. 4, 2009123 Stat. 34 Pub. L. 111–148, title IIMar. 23, 2010124 Stat. 274(, title XIX, § 1920, as added , , ; amended , (B), , ; , , ; , (b), , ; , , , 1501A–397; , , ; , §§ 2001(a)(4)(B), (e)(2)(C), 2004(b), , , 279, 283.)

Editorial Notes

References in Text

Pub. L. 94–437Sept. 30, 197690 Stat. 1400 section 1601 of Title 25The Indian Health Care Improvement Act, referred to in subsec. (b)(2)(D)(i)(III), is , , . Title V of the Indian Health Care Improvement Act is classified generally to subchapter IV (§ 1651 et seq.) of chapter 18 of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

section 4(a) of Pub. L. 93–86Aug. 10, 197387 Stat. 249 section 612c of Title 7Section 4(a) of the Agriculture and Consumer Protection Act of 1973, referred to in subsec. (b)(2)(D)(ii)(II), is , , , which is set out as a note under , Agriculture.

Public Law 93–638 Pub. L. 93–638Jan. 4, 197588 Stat. 2206 section 5301 of Title 25The Indian Self-Determination Act (), referred to in subsec. (b)(2)(D)(iv), is title I of , , , which is classified principally to subchapter I (§ 5321 et seq.) of chapter 46 of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Prior Provisions

Aug. 14, 1935section 1396v of this titleA prior section 1920 of act , was renumbered section 1939 and is classified to .

Amendments

Pub. L. 111–148, § 2004(b)2010—Subsec. (e). , inserted “, clause (i)(IX),” after “clause (i)(VIII)”.

Pub. L. 111–148, § 2001(e)(2)(C), inserted “or clause (ii)(XX)” after “clause (i)(VIII)”.

Pub. L. 111–148, § 2001(a)(4)(B), added subsec. (e).

Pub. L. 111–32009—Subsec. (b). inserted concluding provisions.

Pub. L. 106–1131999—Subsec. (b)(2)(D)(i)(I). substituted “section 254b or 254c of this title,” for “section 254b, 254c, or 256 of this title,”.

Pub. L. 101–508, § 4605(a)(1)1990—Subsec. (b)(1)(B). , inserted “or” at end of cl. (i), redesignated cl. (iii) as (ii) and amended it generally, and struck out former cl. (ii). Prior to amendment, cls. (ii) and (iii) read as follows:

“(ii) the day that is 45 days after the date on which the provider makes the determination referred to in subparagraph (A), or

“(iii) in the case of a woman who does not file an application for medical assistance within 14 calendar days after the date on which the provider makes the determination referred to in subparagraph (A), the fourteenth calendar day after such determination is made; and”.

Pub. L. 101–508, § 4605(a)(2)Subsec. (c)(2)(B). , substituted “by not later than the last day of the month following the month during which” for “within 14 calendar days after the date on which”.

Pub. L. 101–508, § 4605(b)lSubsec. (c)(3). , inserted before period at end “, which application may be the application used for the receipt of medical assistance by individuals described in section 1396a()(1)(A) of this title”.

Pub. L. 101–508, § 4605(a)(2), substituted “by not later than the last day of the month following the month during which” for “within 14 calendar days after the date on which”.

Pub. L. 100–360, § 411(k)(16)(B)(i)section 254b of this title section 254c of this title1988—Subsec. (b)(2)(D)(i). , substituted “section 254b, 254c, or 256 of this title,” for “ or , or” in subcl. (I), substituted “chapter, or” for “chapter;” in subcl. (II), and added subcl. (III).

Pub. L. 100–360, § 411(k)(16)(B)(ii)Pub. L. 100–485, § 608(d)(26)(L)(i)Subsec. (b)(2)(D)(ii)(II). , as amended by , struck out “or” after “1973;”.

Pub. L. 100–360, § 411(k)(16)(B)(iii)Pub. L. 100–485, § 608(d)(26)(L)(iii)Subsec. (b)(2)(D)(iii). , as added by , substituted “program; or” for “program.”

Pub. L. 100–360, § 411(k)(16)(B)(iv)Pub. L. 100–485, § 608(d)(26)(L)(ii)Subsec. (b)(2)(D)(iv). , formerly § 411(k)(16)(B)(iii), as redesignated by , added cl. (iv).

Pub. L. 100–360, § 411(k)(16)(A)Subsec. (d)(1)(B). , substituted “by a provider that is eligible for payments under the State plan” for “by a qualified provider”.

Statutory Notes and Related Subsidiaries

Effective Date of 2010 Amendment

section 2004(b) of Pub. L. 111–148Jan. 1, 2014section 2004(d) of Pub. L. 111–148 section 1396a of this titleAmendment by effective , see , set out as an Effective and Termination Dates of 2010 Amendment note under .

Effective Date of 2009 Amendment

Pub. L. 111–3Apr. 1, 2009section 3 of Pub. L. 111–3 section 1396 of this titleAmendment by effective , and applicable to child health assistance and medical assistance provided on or after that date, with certain exceptions, see , set out as an Effective Date note under .

Effective Date of 1990 Amendment

Pub. L. 101–508, title IV, § 4605(c)Nov. 5, 1990104 Stat. 1388–169

“(1)

42 U.S.C. 1396July 1, 1991 The amendments made by subsection (a) [amending this section] apply to payments under title XIX of the Social Security Act [ et seq.] for calendar quarters beginning on or after , without regard to whether or not final regulations to carry out such amendments have been promulgated by such date.

“(2)

Pub. L. 99–509 The amendment made by subsection (b) [amending this section] shall be effective as if included in the enactment of section 9407(b) of the Omnibus Budget Reconciliation Act of 1986 [, enacting this section].”

, , , provided that:

Effective Date of 1988 Amendments

Pub. L. 100–485 Pub. L. 100–360 section 608(g)(1) of Pub. L. 100–485 section 704 of this titleAmendment by effective as if included in the enactment of the Medicare Catastrophic Coverage Act of 1988, , see , set out as a note under .

Pub. L. 100–360, title IV, § 411(k)(16)(C)July 1, 1988102 Stat. 799

Pub. L. 99–509“The amendments made by this paragraph [amending this section] shall be effective as if they were included in section 9407(b) of the Omnibus Budget Reconciliation Act of 1986 [].”

, , , provided that:

Effective Date

Apr. 1, 1987section 9407(d) of Pub. L. 99–509 section 1396a of this titleSection applicable to ambulatory prenatal care furnished in calendar quarters beginning on or after , without regard to whether or not final regulations to carry out such section have been promulgated, see , set out as an Effective Date of 1986 Amendment note under .