(a) States may not impose alternative premiums upon the following individuals:
(1) Individuals under 18 years of age that are required to be provided medical assistance under section 1902(a)(10)(A)(i) of the Act, and including individuals with respect to whom child welfare services are made available under Part B of title IV of the Act on the basis of being a child in foster care and individuals with respect to whom adoption or foster care assistance is made available under Part E of that title, without regard to age.
(2) Pregnant women.
(3) Any terminally ill individual receiving hospice care, as defined in section 1905(o) of the Act.
(4) Any individual who is an inpatient in a hospital, nursing facility, intermediate care facility, or other medical institution, if the individual is required, as a condition of receiving services in that institution under the State plan, to spend for costs of medical care all but a minimal amount of the individual's income required for personal needs.
(5) Women who are receiving Medicaid on the basis of the breast or cervical cancer eligibility group under sections 1902(a)(10)(A)(ii)(XVIII) and 1902(aa) of the Act.
(6) Disabled children who are receiving medical assistance by virtue of the application of sections 1902(a)(10)(A)(ii)(XIX) and 1902(cc) of the Act.
(7) An Indian who is eligible to receive or has received an item or service furnished by an Indian health care provider or through referral under contract health services.
(b) States may exempt additional classes of individuals from premiums.
(c) Nothing in this subsection shall be construed as restricting the application of any other limitations on the imposition of premiums that may apply to an individual receiving Medicaid who is an Indian.
[73 FR 71851, Nov. 25, 2008, as amended at 75 FR 30262, May 28, 2010]
Title 42 published on 2012-10-01
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