123STA T .46PUBLIC LA W 111 – 3 —FE B.4 , 2 0 0 9‘ ‘ (I II )Apublicagen c yth ati s sub j ect t o an inte r- agency agree m ent limiting the d isclosure and use o f the information disclosed for purposes of determining eligibility under the S tate M edicaid plan or the State CH I P plan . ‘‘(iii) EXCLUSION S. — Such term does not include an agency that determines eligibility for a program established under the Social Ser v ices B loc kG rant established under title X X or a private , for-profit organi z ation. ‘‘(iv) R UL E SO F CONS TR UCTION.— N othing in this para- graph shall be construed as— ‘‘(I) e x empting a State Medicaid agency from com- plying w ith the re q uirements of section 1902 (a)( 4 ) relating to merit-based personnel standards for employees of the State Medicaid agency and safeguards against conflicts of interest)
or ‘‘(II) authorizing a State Medicaid agency that elects to use Express L ane agencies under this subparagraph to use the Express Lane option to avoid complying with such requirements for purposes of making eligibility determinations under the State Med- icaid plan. ‘‘(v) A D DITION A L DEFINITIONS.—In this paragraph
‘‘(I) STATE.— T he term ‘State ’ means 1 of the 5 0 States or the D istrict of Columbia. ‘‘(II) STATE C H I P A G ENC Y .—The term ‘State CHIP agency’ means the State agency responsible for admin- istering the State CHIP plan. ‘‘(III) STATE CHIP PLAN.—The term ‘State CHIP plan’ means the State child health plan established under title XXI and includes any waiver of such plan. ‘‘(I V ) STATE M EDICAID AGENCY.—The term ‘State Medicaid agency’ means the State agency responsible for administering the State Medicaid plan. ‘‘(V) STATE MEDICAID PLAN.—The term ‘State Med- icaid plan’ means the State plan established under title XIX and includes any waiver of such plan. ‘‘(G) CHILD DEFINED.— F or purposes of this paragraph, the term ‘child’ means an individual under 19 years of age, or, at the option of a State, such higher age, not to exceed 21 years of age, as the State may elect. ‘‘(H) STATE OPTION TO RELY ON STATE INCOME TAX DATA OR RETURN.—At the option of the State, a finding from an Express Lane agency may include gross income or adjusted gross income shown by State income tax records or returns. ‘‘(I) APPLICATION.—This paragraph shall not apply with respect to eligibility determinations made after September 3 0, 2013.’’. (2) CHIP.—Section 210 7 (e)(1) (42 U .S.C. 1397gg(e)(1)) is amended by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E), respectively, and by inserting after subparagraph (A) the following new subparagraph: ‘‘(B) Section 1902(e)(13) (relating to the State option to rely on findings from an Express Lane agency to help evaluate a child’s eligibility for medical assistance).’’. (b) E V ALUATION AND REPORT.—
