16 Del. Admin. Code § 14000-14810.2

Current through Register Vol. 28, No. 7, January 1, 2025
Section 14000-14810.2 - Continuous Eligibility for Children Enrolled in Medicaid

42 CFR 435.926

Effective January 1, 2024, all children under the age of 19 who are enrolled in Medicaid under any eligibility program shall have 12 months of continuous eligibility. The continuous eligibility period begins:

* For applicants on the date of the individual's eligibility.

* Following an annual renewal, on the effective date of the individual's renewal, which begins a new eligibility period.

A child's eligibility may not be terminated during a continuous eligibility period, regardless of any change in circumstances, unless:

(1) The child attains age 19, unless the child is in a 12-month postpartum period;
(2) The child or child's representative requests a voluntary termination of eligibility;
(3) The child ceases to be a resident of the State;
(4) The agency determines that eligibility was erroneously granted at the most recent determination, or renewal of eligibility because of agency error or fraud, abuse, or perjury attributed to the child or the child's representative; or
(5) The child dies.

Children who have been determined eligible based on self-attested information are entitled to the 12-month continuous eligibility period. Coverage may not be terminated for such children during a continuously eligible period if, in conducting post-enrollment verification, the state obtains information that indicates that the child does not meet all the eligibility requirements unless the information indicates that one of the limited exceptions to continuous eligibility above applies.

If the self-attested information indicates that the child is eligible, the state is not considered to have made an erroneous determination, even if there is an inconsistency between the attested information and information subsequently obtained from family or electronic data sources after enrollment. The receipt of information is considered a change in circumstance. See Section 14800 Verifications of Factors of Eligibility.

Children whose citizenship or satisfactory immigration status is not verified have not been determined eligible. Continuous Eligibility does not apply to children who are receiving benefits under a reasonable opportunity to provide (ROP) period if the child's status cannot be verified. See Section 14390.1 Reasonable Opportunity to Provide Documentation of Citizenship and Identity or Alien Status.

16 Del. Admin. Code § 14000-14810.2

27 DE Reg. 680( 3/1/2024) (Final)