123STA T .86PUBLIC LA W 111 – 3 —FE B. 4, 2 0 0 9‘ ‘ (5)OPTIONF O RS T A T E S W IT H A SEPARATE C HIP PRO G RA M TO PRO V I D E DENTA L- ONL Y S U PPLEMENTAL COVERAGE .— ‘‘( A ) I N GENERAL.— Subject t os ub par a g rap h s( B )a nd ( C ) ,i nthecaseo f an y chi l d w ho is enrolled in a group health plan or health insurance co v erage offered through ane m ployer who would, but for the application of para- graph ( 1 )(C), satisfy the re q uirements for being a targeted low-income child under a State child health plan that is implemented under this title, a State may waive the application of such paragraph to the child in order to provide— ‘‘(i) dental coverage consistent with the require- ments of subsection (c)(5) of section 2 1 03; or ‘‘(ii) cost-sharing protection for dental coverage consistent with such requirements and the require- ments of subsection (e)(3)(B) of such section. ‘‘(B) L IMITATION.—A State may limit the application of a waiver of paragraph (1)(C) to children whose family income does not e x ceed a level specified by the State, so long as the level so specified does not exceed the max- imum income level otherwise established for other children under the State child health plan. ‘‘(C) CONDITIONS.—A State may not offer dental-only supplemental coverage under this paragraph unless the State satisfies the following conditions
‘‘(i) INCOME ELIGI B ILITY.— T he State child health plan under this title— ‘‘(I) has the highest income eligibility standard permitted under this title (or a waiver) as of J anuary 1, 200 9
‘‘(II) does not limit the acceptance of applica- tions for children or impose any numerical limita- tion, waiting list, or similar limitation on the eligi- bility of such children for child health assistance under such State plan; and ‘‘(III) provides benefits to all children in the State who apply for and meet eligibility standards. ‘‘(ii) N O MORE FAVORABLE TREATMENT.—The State child health plan may not provide more favorable dental coverage or cost-sharing protection for dental coverage to children provided dental-only supplemental coverage under this paragraph than the dental cov- erage and cost-sharing protection for dental coverage provided to targeted low-income children who are eligible for the full range of child health assistance provided under the State child health plan. ’ ’. (2) STATE OPTION TO WAIVE WAITING PERIOD.—Section 2102(b)(1)(B) ( 4 2 U .S.C. 139 7 bb(b)(1)(B)), as amended by section 111(b)(2), is amended— (A) in clause (ii), by stri k ing ‘‘and’’ at the end; (B) in clause (iii), by striking the period and inserting ‘‘; and’’; and (C) by adding at the end the following new clause: ‘‘(iv) at State option, may not apply a waiting period in the case of a child provided dental-only supplemental coverage under section 2110(b)(5).’’.
