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2000 SESSION

006094452
SENATE BILL NO. 724
Offered January 24, 2000
A BILL to amend and reenact § 32.1-351 of the Code of Virginia, relating to the Virginia Children's Medical Security Insurance Plan.
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Patrons-- Lambert, Byrne, Colgan, Couric, Edwards, Houck, Howell, Marsh, Marye, Maxwell, Miller, Y.B., Puckett, Puller, Reynolds, Saslaw, Ticer and Whipple
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Referred to Committee on Education and Health
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Be it enacted by the General Assembly of Virginia:

1. That § 32.1-351 of the Code of Virginia is amended and reenacted as follows:

§ 32.1-351. Virginia Children's Medical Security Insurance Plan established.

A. The Department of Medical Assistance Services shall develop, implement and administer the Virginia Children's Medical Security Insurance Plan to provide coverage for individuals, up to the age of nineteen, when such individuals (i) have family incomes at or below 200 percent of the federal poverty level, as set forth in the appropriation act, and (ii) are otherwise eligible for such benefits in compliance with Title XXI of the Social Security Act, as amended, and the Commonwealth's plan for the State Children's Health Insurance Program (SCHIP) as established in Subtitle J of the federal Balanced Budget Act of 1997 (P. L. 105-33).

B. The Department of Medical Assistance Services shall develop and submit to the federal Secretary of Health and Human Services a Title XXI plan for this program and may revise such plan as may be necessary. Such plan and any subsequent revisions shall comply with the requirements of federal law, this chapter, and any conditions set forth in the appropriation act.

C. Funding for this program shall be provided through state and federal appropriations and may include appropriations of any funds which may be generated through the Virginia Children's Medical Security Insurance Plan Trust Fund.

D. The Board of Medical Assistance Services shall promulgate such regulations pursuant to the Administrative Process Act (§ 9-6.14:1 et seq.) as may be necessary for the implementation and administration of the program.

The Board's regulations shall include, but need not be limited to: (i) a waiting period for previously insured children of not more than six months when such individuals have family incomes above 150 percent of the federal poverty level; (ii) a two-month waiting period for previously insured children when such individuals have family incomes at or below 150 percent of the federal poverty level; and (iii) a request for assignment of third-party payments and medical support rights to the state and for cooperation with the state in securing such payments, as well as child-support payments; however, the granting of such assignment and cooperation shall not be a condition of eligibility.

2. That the Board of Medical Assistance Services shall promulgate regulations to implement the provisions of this act to be effective within 280 days of its enactment. Further, the Department of Medical Assistance Services shall develop and submit to the federal Secretary of Health and Human Services the revisions to Virginia's Title XXI plan to implement the provisions of this act within 90 days of its enactment.