S.Amdt. 3060

1. Adds SEC. __. STANDARDIZATION OF DETERMINATION OF FAMILY INCOME wherever appropriate

   Adds a section

   Inserted: SEC. __. STANDARDIZATION OF DETERMINATION OF FAMILY INCOME.

   Inserted: (a) Eligibility Based on Gross Income.--

   Inserted: (1) In general.--Section 2110 (42 U.S.C. 1397jj) is amended by adding at the end the following new subsection:

   Inserted: "(d) Standardization of Determination of Family Income.--A State shall determine family income for purposes of determining income eligibility for child health assistance or other health benefits coverage under the State child health plan (or under a waiver of such plan under section 1115) solely on the basis of the gross income (as defined by the Secretary) of the family.".

   Inserted: (2) Prohibition on waiver of requirements.--Section 2107(f) (42 U.S.C. 1397gg(f)), as amended by section 106(a)(2)(A), is amended by adding at the end the following new paragraph:

   Inserted: "(3) The Secretary may not approve a waiver, experimental, pilot, or demonstration project with respect to a State after the date of enactment of the Children's Health Insurance Program Reauthorization Act of 2007 that would waive or modify the requirements of section 2110(d) (relating to determining income eligibility on the basis of gross income) and regulations promulgated to carry out such requirements.".

   Inserted: (b) Regulations.--Not later than 90 days after the date of enactment of this Act, the Secretary shall promulgate interim final regulations defining gross income for purposes of section 2110(d) of the Social Security Act, as added by subsection (a)(1).

   Inserted: (c) Application to Current Enrollees.--The interim final regulations promulgated under subsection (b) shall not be used to determine the income eligibility of any individual enrolled in a State child health plan under title XXI of the Social Security Act on the date of enactment of this Act before the date on which such eligibility of the individual is required to be redetermined under the plan as in effect on such date. In the case of any individual enrolled in such plan on such date who, solely as a result of the application of subsection (d) of section 2110 of the Social Security Act (as added by subsection (a)(1))) and the regulations promulgated under subsection (b), is determined to be ineligible for child health assistance under the State child health plan, a State may elect, subject to substitution of the Federal medical assistance percentage for the enhanced FMAP under section 2105(a)(1) of the Social Security Act, to continue to provide the individual with such assistance for so long as the individual otherwise would be eligible for such assistance and the individual's family income, if determined under the income and resource standards and methodologies applicable under the State child health plan on September 30, 2007, would not exceed the income eligibility level applicable to the individual under the State child health plan.

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   Original wording

   At the appropriate place, add the following:

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As printed