2006 Utah Code - 26-40-105 — Eligibility.

     26-40-105.   Eligibility.
     (1) To be eligible to enroll in the program, a child must:
     (a) be a bona fide Utah resident;
     (b) be a citizen or legal resident of the United States;
     (c) be under 19 years of age;
     (d) not have access to or coverage under other health insurance, including any coverage available through a parent or legal guardian's employer;
     (e) be ineligible for Medicaid benefits;
     (f) reside in a household whose gross family income, as defined by rule, is at or below 200% of the federal poverty level; and
     (g) not be an inmate of a public institution or a patient in an institution for mental diseases.
     (2) A child may not be determined to be ineligible to enroll in the program based on diagnosis or pre-existing condition.
     (3) The department shall determine eligibility and send notification of the decision within 30 days after receiving the application for coverage. If the department cannot reach a decision because the applicant fails to take a required action or there is an administrative or other emergency beyond the department's control, the department shall:
     (a) document the reason for the delay in the applicant's case record; and
     (b) inform the applicant of the status of the application and time frame for completion.

Enacted by Chapter 360, 1998 General Session