123STA T . 2 6PUBLIC LA W 111 – 3 —FE B. 4, 2 0 0 9Subti t leB—Foc u s o nL o w-I nco m e Ch il dr en a nd P re g nant W omen SEC.1 11. S TA TE OP T I O N TO CO V E RL O W- INCO M E PRE G NANT WOMEN U N D ERC H IP THROUGH A STATE PLAN AMENDMENT. (a)INGE NE RAL.—TitleX XI( 42U . S . C . 1397 aa et s e q .) , as a m e nd ed by se c ti o n 112(a), is amended by addin g att h e end the f ollo w ing new section
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‘SEC. 2 112. OPTIONAL COVERAGE O F TARGETED LOW-INCOME PREG- NANT WOMEN THROUGH A STATE PLAN AMENDMENT. ‘ ‘(a) IN GENERAL.—S u b j ect to the succeeding pr o v isions of this section, a State may elect through an amendment to its State child health plan under section 21 0 2 to provide pregnancy - related assistance under such plan for targeted low-income pregnant women. ‘‘(b) C O N DIT ION S .— A State may only elect the option under subsection (a) if the following conditions are satisfied: ‘‘(1) M INI MU MIN C OME ELI G I B ILIT Y LE V ELS F OR P REGNANT W OMEN AND C H ILDREN.—The State has established an income eligibility level— ‘‘(A) for pregnant women under subsection (a)(10)(A)(i)(III), (a)(10)(A)(i)(I V ), or (l)(1)(A) of section 1902 that is at least 1 85 percent (or such higher percent as the State has in effect with regard to pregnant women under this title) of the poverty line applicable to a family of the si z e involved, but in no case lower than the percent in effect under any such subsection as of J uly 1, 2008
and ‘‘( B ) for children under 19 years of age under this title (or title XIX) that is at least 200 percent of the poverty line applicable to a family of the size involved. ‘‘(2) N O CHIP INCOME ELIGIBILITY LEVEL FOR PREGNANT WOMEN LOWER THAN THE STATE ’ S MEDICAID LEVEL.—The State does not apply an effective income level for pregnant women under the State plan amendment that is lower than the effective income level (e x pressed as a percent of the poverty line and considering applicable income disregards) specified under sub- section (a)(10)(A)(i)(III), (a)(10)(A)(i)(IV), or (l)(1)(A) of section 1902, on the date of enactment of this paragraph to be eligible for medical assistance as a pregnant woman. ‘‘(3) NO COVERAGE FOR HIGHER INCOME PREGNANT WOMEN WITHOUT COVERING LOWER INCOME PREGNANT WOMEN.—The State does not provide coverage for pregnant women with higher family income without covering pregnant women with a lower family income. ‘‘(4) APPLICATION OF RE Q UIREMENTS FOR COVERAGE OF TAR- GETED LOW-INCOME CHILDREN.—The State provides pregnancy- related assistance for targeted low-income pregnant women in the same manner, and subject to the same requirements, as the State provides child health assistance for targeted low- income children under the State child health plan, and in addition to providing child health assistance for such women. ‘‘(5) NO PREE X ISTING CONDITION EXCLUSION OR WAITING PERIOD.—The State does not apply any exclusion of benefits 42USC1397l l note.
