Eligibility
(b) Eligibility. (1) The agency must provide Medicaid to children from birth until the child's first birthday without application if, for the date of the child's birth, the child's mother was eligible for and received covered services under (i) The Medicaid State plan (including during a period of retroactive eligibility under 435.915) regardless of whether payment for services for the mother is limited to services necessary to treat an emergency medical condition, as defined in section 1903(v)(3) of the Act; or (ii) The CHIP State plan as a targeted low-income pregnant woman in accordance with section 2112 of the Act, with household income at or below the income standard established by the agency under 435.118 for infants under age 1. (2) The agency may provide coverage under this section to children from birth until the child's first birthday without application who are not described in (b)(1) of this section if, for the date of the child's birth, the child's mother was eligible for and received covered services under (i) The Medicaid State plan of any State (including during a period of retroactive eligibility under 435.915); or (ii) Any of the following, provided that household income of the child's mother at the time of the child's birth is at or below the income standard established by the agency under 435.118 for infants under age 1: (A) The State's separate CHIP State plan as a targeted low-income child; (B) The CHIP State plan of any State as a targeted low-income pregnant woman or child; or (C) A Medicaid or CHIP demonstration project authorized under section 1115 of the Act. (3) The child is deemed to have applied and been determined eligible under the Medicaid State plan effective as of the date of birth, and remains eligible regardless of changes in circumstances until the child's first birthday, unless the child dies or ceases to be a resident of the State or the child's representative requests a voluntary termination of eligibility.