42 CFR 457.320 - Other eligibility standards.
(a)Eligibility standards. To the extent consistent with title XXI of the Act and except as provided in paragraph (b) of this section, the State plan may adopt eligibility standards for one or more groups of children related to -
(1) Geographic area(s) served by the plan;
(2) Age (up to, but not including, age 19);
(5) Residency, in accordance with paragraph (d) of this section;
(6) Disability status, provided that such standards do not restrict eligibility;
(7) Access to, or coverage under, other health coverage; and
(2) Deny eligibility based on a preexisting medical condition;
(3) Discriminate on the basis of diagnosis;
(4) Require any family member who is not requesting services to provide a social security number (including those family members whose income or resources might be used in making the child's eligibility determination);
(6) Exclude individuals based on citizenship or nationality, to the extent that the children are U.S. citizens, U.S. nationals or qualified aliens, (as defined at section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996, as amended by the BBA of 1997, except to the extent that section 403 of PRWORA precludes them from receiving Federal means-tested public benefits); or
(d)Citizenship and immigration status. All individuals seeking coverage under a separate child health plan must make a declaration of United States citizenship or satisfactory immigration status. Such declaration may be made by an adult member of the individual's household, an authorized representative, as defined in § 435.923 of this chapter (referenced at § 457.340), or if the individual is a minor or incapacitated, someone acting responsibly for the individual provided that such individual attests to having knowledge of the individual's status.
(3) A State may not -
(i) Impose a durational residency requirement;
(ii) Preclude the following individuals from declaring residence in a State -
(f)Duration of eligibility.
(1) The State may not impose a lifetime cap or other time limit on the eligibility of an individual applicant or enrollee, based on the length of time such applicant or enrollee has received benefits under the State's separate child health program.