Rule 23-101-11.3 - Deemed Eligible InfantsA. A deemed eligible infant is defined as a child whose mother was eligible for Medicaid in the child's birth month with no requirement that the child remain with the mother to continue eligibility.B. The deemed eligible child has continuous Medicaid eligibility for a thirteen (13) month period from the birth month through the month of the first (1st) birthday unless one (1) of the above early termination reasons in Miss. Admin. Code Part 101, Rule 11.2 is applicable.C. The deemed child's eligibility start date is always the birth month regardless of the date the Division of Medicaid authorizes eligibility for the child.D. If the mother is not eligible for Medicaid at the time her child is born, she may apply for Medicaid for herself and her newborn. 1. The application must be filed by the end of the third (3 rd) month following the birth month of the child in order for the birth to be covered by Medicaid, if determined eligible.2. If the mother and newborn are determined eligible, the mother is covered throughout her post-partum period and the newborn is eligible for twelve (12) continuous months.23 Miss. Code. R. 101-11.3
42 U.S.C. § 1396a; 42 C.F.R. § 435.117.