2009 Iowa Code
Title 13 - Commerce
Subtitle 1 - Insurance and Related Regulation
CHAPTER 514I - HEALTHY AND WELL KIDS IN IOWA PROGRAM
514I.8 - ELIGIBLE CHILD.

        514I.8  ELIGIBLE CHILD.
         1.  Effective July 1, 1998, and notwithstanding any medical
      assistance program eligibility criteria to the contrary, medical
      assistance shall be provided to, or on behalf of, an eligible child
      under the age of nineteen whose family income does not exceed one
      hundred thirty-three percent of the federal poverty level, as defined
      by the most recently revised poverty income guidelines published by
      the United States department of health and human services.
      Additionally, effective July 1, 2000, and notwithstanding any medical
      assistance program eligibility criteria to the contrary, medical
      assistance shall be provided to, or on behalf of, an eligible infant
      whose family income does not exceed two hundred percent of the
      federal poverty level, as defined by the most recently revised
      poverty income guidelines published by the United States department
      of health and human services.  Effective July 1, 2009, and
      notwithstanding any medical assistance program eligibility criteria
      to the contrary, medical assistance shall be provided to, or on
      behalf of, a pregnant woman or an eligible child who is an infant and
      whose family income is at or below three hundred percent of the
      federal poverty level, as defined by the most recently revised
      poverty income guidelines published by the United States department
      of health and human services.
         2.  A child may participate in the hawk-i program if the child
      meets all of the following criteria:
         a.  Is less than nineteen years of age.
         b.  Is a resident of this state.
         c.  Is a member of a family whose income does not exceed three
      hundred percent of the federal poverty level, as defined in 42 U.S.C.
      § 9902(2), including any revision required by such section, and in
      accordance with the federal Children's Health Insurance Program
      Reauthorization Act of 2009, Pub. L. No. 111-3.
         d.  Is not eligible for medical assistance pursuant to chapter
      249A.
         e.  Is not currently covered under a group health plan as
      defined in 42 U.S.C. § 300gg-91(a)(1) unless allowed by rule of the
      board.
         f.  Is not a member of a family that is eligible for health
      benefits coverage under a state health benefits plan on the basis of
      a family member's employment with a public agency in this state.
         g.  Is not an inmate of a public institution or a patient in
      an institution for mental diseases.
         3.  In accordance with the rules adopted by the board, a child may
      be determined to be presumptively eligible for the program pending a
      final eligibility determination.  Following final determination of
      eligibility by the administrative contractor, a child shall be
      eligible for a twelve-month period.  At the end of the twelve-month
      period, the administrative contractor shall conduct a review of the
      circumstances of the eligible child's family to establish eligibility
      and cost sharing for the subsequent twelve-month period.
         4.  Once an eligible child is enrolled in a plan, the eligible
      child shall remain enrolled in the plan unless a determination is
      made, according to criteria established by the board, that the
      eligible child should be allowed to enroll in another qualified child
      health plan or should be disenrolled.  An enrollee may change plan
      enrollment once a year on the enrollee's anniversary date.
         5.  The board shall study and shall make recommendations to the
      governor and to the general assembly regarding the level of family
      income which is appropriate for application of the program, and the
      feasibility of allowing families with incomes above the level of
      eligibility for the program to purchase insurance for children
      through the program.
         6.  The board and the council on human services shall cooperate
      and seek appropriate coordination in administration of the program
      and the medical assistance program and shall develop a plan for a
      unified medical assistance and hawk-i program system which includes
      the use of a single health insurance card by enrollees of either
      program.  

         98 Acts, ch 1196, §9, 16; 98 Acts, ch 1223, § 34; 2000 Acts, ch
      1221, §8, 9; 2003 Acts, ch 108, §131; 2003 Acts, ch 124, §11; 2008
      Acts, ch 1188, §11; 2009 Acts, ch 118, §17, 35
         Referred to in § 514I.2