C.F.R. » Title 42 » CHAPTER IV—CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES › SUBCHAPTER D—STATE CHILDREN'S HEALTH INSURANCE PROGRAMS (SCHIPs) › PART 457—ALLOTMENTS AND GRANTS TO STATES › Subpart A—Introduction; State Plans for Child Health Insurance Programs and Outreach Strategies

42 C.F.R. § 457.70

Program options

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(a) Health benefits coverage options. A State may elect to obtain health benefits coverage under its plan through—

(1) A separate child health program;

(2) A Medicaid expansion program; or

(3) A combination program.

(b) State plan requirement. A State must include in the State plan or plan amendment a description of the State's chosen program option.

(c) Medicaid expansion program requirements. A State plan under title XXI for a State that elects to obtain health benefits coverage through its Medicaid plan must—

(1) Meet the requirements of—

(i) Subpart A;

(ii) Subpart B (to the extent that the State claims administrative costs under title XXI);

(iii) Subpart F (with respect to determination of the allotment for purposes of the enhanced matching rate, determination of the enhanced matching rate, and payment of any claims for administrative costs under title XXI only);

(iv) Subpart G; and

(v) Subpart J (if the State claims administrative costs under title XXI and seeks a waiver of limitations on such claims based on a community based health delivery system).

(2) Be consistent with the State's Medicaid State plan, or an approvable amendment to that plan, as required under title XIX.

(d) Separate child health program requirements. A State that elects to obtain health benefits coverage under its plan through a separate child health program must meet all the requirements of part 457.

(e) Combination program requirements. A State that elects to obtain health benefits coverage through both a separate child health program and a Medicaid expansion program must meet the requirements of paragraphs (c) and (d) of this section.

Notes of Decisions
Cited in 2 cases, 2007–2011 · leading case: JULIA M. v. Scott, 498 F. Supp. 2d 1245 (W.D. Mo. 2007).
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JULIA M. v. Scott, 498 F. Supp. 2d 1245 (W.D. Mo. 2007). · cites it 2× “§ 1397aa(a)(2); 42 C.F.R. § 457.70 (a)(l)-(2). Both parties agree that Missouri has chosen the latter option by creating Medicaid MC + , a Medicaid expansion program under which Parents and guardians of uninsured children with incomes between one hundred fifty-one and three…”
Kimberly R. v. Andre N., 31 Misc. 3d 326 (N.Y.C. Fam. Ct. 2011). “, 2008 WL 5211000 at *3, 2008 US Dist LEXIS 101064 at *9-10; see 42 CFR 457.70 [a]). The State Children’s Health Insurance Program is intended to benefit “uninsured children from low-income families” (New York v United States Dept.”
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