H.B. 326

1

CHILDREN'S HEALTH INSURANCE PROGRAM
2 - OPEN ENROLLMENT
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Greg J. Curtis
6 Senate Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill amends the Utah Children's Health Insurance Act.
11 Highlighted Provisions:
12 This bill:
13 . makes technical drafting amendments; and
14 . requires the Department of Health to keep enrollment in the Children's Health
15 Insurance Program open so that an eligible child who applies for coverage under the
16 Children's Health Insurance Program can enroll in the program.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 26-40-105, as enacted by Laws of Utah 1998, Chapter 360
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 26-40-105 is amended to read:
27 26-40-105. Eligibility.

28 (1) [To be eligible to enroll in the program, a child must] A child is eligible to enroll in
29 the program if the child:
30 (a) [be] is a bona fide Utah resident;
31 (b) [be] is a citizen or legal resident of the United States;
32 (c) [be] is under 19 years of age;
33 (d) [not have] does not have access to or coverage under other health insurance,
34 including any coverage available through a parent or legal guardian's employer;
35 (e) [be] is ineligible for Medicaid benefits;
36 (f) [reside] resides in a household whose gross family income, as defined by rule, is at
37 or below 200% of the federal poverty level; and
38 (g) [not be] is not an inmate of a public institution or a patient in an institution for
39 mental diseases.
40 (2) A child [may not be determined to be ineligible to enroll in the program based on]
41 who qualifies for enrollment in the program under Subsection (1) may not be denied
42 enrollment due to a diagnosis or pre-existing condition.
43 (3) (a) The department shall determine eligibility and send notification of the eligibility
44 decision within 30 days after receiving the application for coverage.
45 (b) If the department cannot reach a decision because the applicant fails to take a
46 required action, or because there is an administrative or other emergency beyond the
47 department's control, the department shall:
48 [(a)] (i) document the reason for the delay in the applicant's case record; and
49 [(b)] (ii) inform the applicant of the status of the application and time frame for
50 completion.
51 (4) The department may not close enrollment in the program for a child who is eligible
52 to enroll in the program under the provisions of Subsection (1).




Legislative Review Note
as of 1-22-08 12:50 PM

Office of Legislative Research and General Counsel