DAR File No. 40374

Health, Children's Health Insurance Program

Section R382-10-6

Citizenship and Alienage

Notice of Proposed Rule

(Amendment)

DAR File No.: 40374
Filed: 05/02/2016 10:10:07 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this change is to provide coverage under the Children's Health Insurance Program (CHIP) to lawfully present alien children.

Summary of the rule or change:

This amendment allows alien children who are lawfully present and under 19 years of age to receive CHIP coverage.

State statutory or constitutional authorization for this rule:

• Pub. L. No. 111-148
• Section 26-1-5
• Section 26-18-3

Anticipated cost or savings to:

the state budget:

There is no impact to the state budget because funding for this coverage is 100% federal match.

local governments:

There is no impact to local governments because they neither fund nor make CHIP eligibility determinations.

small businesses:

Small businesses may see a nominal increase in annual revenue, but there is no data to estimate a total amount.

persons other than small businesses, businesses, or local governmental entities:

CHIP providers may see a nominal increase in annual revenue, but there is no data to estimate a total amount. CHIP recipients who qualify under this provision may also see minimal out-of-pocket savings, but there is no data to estimate how much those savings would be.

Compliance costs for affected persons:

A single CHIP provider may see a nominal increase in annual revenue, but there is no data to estimate a total amount. A CHIP recipient who qualifies under this provision may also see minimal out-of-pocket savings, but there is no data to estimate how much those savings would be.

Comments by the department head on the fiscal impact the rule may have on businesses:

There will be a slight fiscal impact on business in that CHIP providers may see a small increase in revenue for provision of additional services.

Joseph K. Miner, MD, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Health
Children's Health Insurance Program
CANNON HEALTH BLDG
288 N 1460 W
SALT LAKE CITY, UT 84116-3231

Direct questions regarding this rule to:

• Craig Devashrayee at the above address, by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

06/14/2016

This rule may become effective on:

07/01/2016

Authorized by:

Joseph Miner, Executive Director

R382. Health, Children's Health Insurance Program.

R382-10. Eligibility.

R382-10-6. Citizenship and Alienage.

(1) To be eligible to enroll in CHIP, a child must be a citizen or national of the United States (U.S.) or a qualified alien.

(2) The provisions of Section R414-302-3 regarding citizenship and alien status requirements apply to applicants and enrollees of CHIP.

(3) The Department elects to cover applicants and recipients who are under 19 years of age and lawfully present as defined in 42 U.S.C. 1396b(v) and 42 U.S.C. 1397gg(e)(1), and referenced in Section CS18 of the Utah CHIP State Plan.

 

KEY: children's health benefits

Date of Enactment or Last Substantive Amendment: [November 16, 2015]2016

Notice of Continuation: May 9, 2013

Authorizing, and Implemented or Interpreted Law: 26-1-5; 26-40