PREMIUM ASSISTANCE OPTION FOR CHILDREN^[315][316]

Sec. 1906A. [42 U.S.C. 1396e-1] (a) In General.—A State may elect^[317] to offer a premium assistance subsidy (as defined in subsection (c)) for qualified employer-sponsored coverage (as defined in subsection (b)) to all individuals under age 19^[318] who are entitled to medical assistance under this title (and^[319] to the parent of such an individual) who have access to such coverage if the State meets the requirements of this section and the offering of such a subsidy is cost-effective, as defined for purposes of section 2105(c)(3)(A)^[320].

(b) Qualified Employer-Sponsored Coverage.—

(1) In general.—Subject to paragraph (2)), in this paragraph, the term “qualified employer-sponsored coverage” means a group health plan or health insurance coverage offered through an employer—

(A) that qualifies as creditable coverage as a group health plan under section 2701(c)(1) of the Public Health Service Act;

(B) for which the employer contribution toward any premium for such coverage is at least 40 percent; and

(C) that is offered to all individuals in a manner that would be considered a nondiscriminatory eligibility classification for purposes of paragraph (3)(A)(ii) of section 105(h) of the Internal Revenue Code of 1986 (but determined without regard to clause (i) of subparagraph (B) of such paragraph).

(2) Exception.—Such term does not include coverage consisting of

(A) benefits provided under a health flexible spending arrangement (as defined in section 106(c)(2) of the Internal Revenue Code of 1986); or

(B) a high deductible health plan (as defined in section 223(c)(2) of such Code), without regard to whether the plan is purchased in conjunction with a health savings account (as defined under section 223(d) of such Code).

(3) Treatment as third party liability.—The State shall treat the coverage provided under qualified employer-sponsored coverage as a third party liability under section 1902(a)(25).

(c) Premium Assistance Subsidy.—In this section, the term “premium assistance subsidy” means the amount of the employee contribution for enrollment in the qualified employer-sponsored coverage by the individual under age 19^[321] or by the individual’s family. Premium assistance subsidies under this section shall be considered, for purposes of section 1903(a), to be a payment for medical assistance.

(d) Voluntary Participation.—

(1) Employers.—Participation by an employer in a premium assistance subsidy offered by a State under this section shall be voluntary. An employer may notify a State that it elects to opt-out of being directly paid a premium assistance subsidy on behalf of an employee.

(2) Beneficiaries.—No subsidy shall be provided to an individual under age 19^[322] under this section unless the individual (or the individual’s parent) voluntarily elects to receive such a subsidy. A State may not require such an election as a condition of receipt of medical assistance. State may not require, as a condition of an individual under age 19 (or the individual’s parent) being or remaining eligible for medical assistance under this title, apply for enrollment in qualified employer-sponsored coverage under this section.^[323]

(3) Opt-out permitted for any month.—A State shall establish a process for permitting the parent of an individual under age 19^[324] receiving a premium assistance subsidy to disenroll the individual from the qualified employer-sponsored coverage.

(e) Requirement To Pay Premiums and Cost-Sharing and Provide Supplemental Coverage.—In the case of the participation of an individual under age 19^[325] (or the individual’s parent) in a premium assistance subsidy under this section for qualified employer-sponsored coverage, the State shall provide for payment of all enrollee premiums for enrollment in such coverage and all deductibles, coinsurance, and other cost-sharing obligations for items and services otherwise covered under the State plan under this title (exceeding the amount otherwise permitted under section 1916 or, if applicable, section 1916A). The fact that an individual under age 19^[326] (or a parent) elects to enroll in qualified employer-sponsored coverage under this section shall not change the individual’s (or parent’s) eligibility for medical assistance under the State plan, except insofar as section 1902(a)(25) provides that payments for such assistance shall first be made under such coverage.

---

^[315]  P.L. 111-148, §2003(b), strikes out "OPTION FOR CHILDREN", to take effect on January 1, 2014.

^[316]  P.L. 111-3, §301(b), added this new section 1906A. For the general effective date [April 1, 2009]; the exception for State legislation; contingent effective date; and reliance on law, see Vol. II, P.L. 111-3, §3.

^[317]  P.L. 111-148, §2003(a)(1)(A), strikes out “may elect to” and inserts “shall”, to take effect on January 1, 2014. P.L. 111-148, §10203(b)(2)(B), provided that “This Act shall be applied without regard to subparagraph (A) of section 2003(a)(1) of this Act and subparagraph and the amendment made by that subparagraph are hereby deemed null, void, and of no effect.”

^[318]  P.L. 111-148, §2003(a)(1)(B), strikes out “under age 19”, to take effect on January 1, 2014.

^[319]  P.L. 111-148, §2003(a)(1)(C), inserts “in the case of an individual under age 19,”, to take effect on January 1, 2014.

^[320]  P.L. 111-148, §10203(b)(2)(A), inserted “and the offering of such a subsidy is cost-effective, as defined for purposes of section 2105(c)(3)(A)”, effective as if included in the enactment of P.L. 111-3, effective February 4, 2009.

^[321]  P.L. 111-148, §2003(a)(2), strikes out “under age 19”, to take effect on January 1, 2014.

^[322]  P.L. 111-148, §2003(a)(3)(A)(i), strikes out “under age 19”, to take effect on January 1, 2014.

^[323]  P.L. 111-148, §2003(a)(3)(A)(ii), strikes out this sentence, and inserts “A State may not require, as a condition of an individual (or the individual’s parent) being or remaining eligible for medical assistance under this title, that the individual (or the individual’s parent) apply for enrollment in qualified employer-sponsored coverage under this section. “,to take effect on January 1, 2014.

^[324]  P.L. 111-148, §2003(a)(3)(B), strikes out “the parent of an individual under age 19” and inserts “an individual (or the parent of an individual)”, to take effect on January 1, 2014.

^[325]  P.L. 111-148, §2003(a)(4), strikes out “under age 19”, to take effect on January 1, 2014.

^[326]  P.L. 111-148, §2003(a)(4), strikes out “under age 19”, to take effect on January 1, 2014.