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Current as of January 02, 2025 | Updated by Findlaw Staff
(a) Basis. This section implements section 1902(e)(12) of the Act.
(b) Eligibility. The agency may provide continuous eligibility for the period specified in paragraph (c) of this section for an individual who is:
(1) Under age 19 or under a younger age specified by the agency in its State plan; and
(2) Eligible and enrolled for mandatory or optional coverage under the State plan in accordance with subpart B or C of this part.
(c) Continuous eligibility period.
(1) The agency must specify in the State plan the length of the continuous eligibility period, not to exceed 12 months.
(d) Applicability. A child's eligibility may not be terminated during a continuous eligibility period, regardless of any changes in circumstances, unless:
(1) The child attains the maximum age specified in accordance with paragraph (b)(1) of this section;
(2) The child or child's representative requests a voluntary termination of eligibility;
(3) The child ceases to be a resident of the State;
(4) The agency determines that eligibility was erroneously granted at the most recent determination, redetermination or renewal of eligibility because of agency error or fraud, abuse, or perjury attributed to the child or the child's representative; or
(5) The child dies.
Cite this article: FindLaw.com - Code of Federal Regulations Title 42. Public Health § 42.435.926 Continuous eligibility for children - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-42-public-health/cfr-sect-42-435-926/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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