123STA T .4 2 PUBLIC LA W 111 – 3 —FE B.4 , 2 0 0 9aSt at e a g e ncyusi ng an inc om e f in d ing f r om an Exp ress L ane agency , a State may carry out its duties under su b- paragrap h s (A) and ( B ) of section 210 2(b)( 3 ) (re l ating to screen and enroll) in accordance w ith either clause (ii) or clause (iii) .‘ ‘(ii) E STABLI S H I NG AS CRE ENING THRESH O L D . — ‘‘( I ) IN GENERAL.— U nder this clause, the State establishes a screening threshold set as a percentage of the F ederal po v erty level that exceeds the highest income threshold applicable under this title to the child by a minimum of 30 percentage points or, at State option, a higher number of percentage points that reflects the value (as determined by the State and described in the State plan) of any differences between income methodologies used by the program administered by the Express Lane agency and the methodologies used by the State in determining eligi- bility for medical assistance under this title. ‘‘(II) C HILDREN W ITH INCO M E NOT ABO V E THRESHOLD.—If the income of a child does not exceed the screening threshold, the child is deemed to satisfy the income eligibility criteria for medical assistance under this title regardless of whether such child would otherwise satisfy such criteria. ‘‘(III) CHILDREN WITH INCOME ABOVE THRESHOLD.— If the income of a child exceeds the screening threshold, the child shall be considered to have an income above the M edicaid applicable income level described in sec- tion 2110(b)( 4 ) and to satisfy the re q uirement under section 2110(b)(1)(C) (relating to the requirement that C H I P matching funds be used only for children not eligible for Medicaid). If such a child is enrolled in child health assistance under title X XI, the State shall provide the parent, guardian, or custodial relative with the following
‘‘(aa) N otice that the child may be eligible to receive medical assistance under the State plan under this title if evaluated for such assistance under the State ’ s regular procedures and notice of the process through which a parent, guardian, or custodial relative can request that the State evaluate the child’s eligibility for medical assist- ance under this title using such regular proce- dures. ‘‘(bb) A description of differences between the medical assistance provided under this title and child health assistance under title XXI, including differences in cost-sharing requirements and cov- ered benefits. ‘‘(iii) T EM P ORAR Y ENROLLMENT IN CHIP PENDING SCREEN AND ENROLL.— ‘‘(I) IN GENERAL.—Under this clause, a State enrolls a child in child health assistance under title XXI for a temporary period if the child appears eligible for such assistance based on an income finding by an Express Lane agency.
