[Code of Federal Regulations] [Title 42, Volume 4] [Revised as of October 1, 2006] From the U.S. Government Printing Office via GPO Access [CITE: 42CFR457.10] [Page 377-379] TITLE 42--PUBLIC HEALTH CHAPTER IV--CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES (CONTINUED) PART 457_ALLOTMENTS AND GRANTS TO STATES--Table of Contents Subpart A_Introduction; State Plans for Child Health Insurance Programs and Outreach Strategies Sec. 457.10 Definitions and use of terms. For purposes of this part the following definitions apply: American Indian/Alaska Native (AI/AN) means-- (1) A member of a Federally recognized Indian tribe, band, or group; (2) An Eskimo or Aleut or other Alaska Native enrolled by the Secretary of the Interior pursuant to the Alaska Native Claims Settlement Act, 43 U.S.C. 1601 et. seq.; or (3) A person who is considered by the Secretary of the Interior to be an Indian for any purpose. Applicant means a child who has filed an application (or who has an application filed on their behalf) for health benefits coverage through the State Children's Health Insurance Program. A child is an applicant until the child receives coverage through SCHIP. Child means an individual under the age of 19 including the period from conception to birth. Child health assistance means payment for part or all of the cost of health benefits coverage provided to targeted low-income children for the services listed at Sec. 457.402. Combination program means a program under which a State implements both a Medicaid expansion program and a separate child health program. Cost sharing means premium charges, enrollment fees, deductibles, coinsurance, copayments, or other similar fees that the enrollee has responsibility for paying. Creditable health coverage has the meaning given the term ``creditable coverage'' at 45 CFR 146.113 and includes coverage that meets the requirements of Sec. 457.410 and is provided to a targeted low-income child. Emergency medical condition means a medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain) such that a prudent layperson, with an average knowledge of health and medicine, could reasonably expect the absence of immediate medical attention to result in-- (1) Serious jeopardy to the health of the individual or, in the case of a pregnant woman, the health of a woman or her unborn child; (2) Serious impairment of bodily function; or (3) Serious dysfunction of any bodily organ or part. Emergency services means health care services that are-- (1) Furnished by any provider qualified to furnish such services; and (2) Needed to evaluate, treat, or stabilize an emergency medical condition. Enrollee means a child who receives health benefits coverage through SCHIP. Enrollment cap means a limit, established by the State in its State plan, on the total number of children permitted to enroll in a State's separate child health program. Family income means income as determined by the State for a family as defined by the State. [[Page 378]] Federal fiscal year starts on the first day of October each year and ends on the last day of the following September. Fee-for-service entity has the meaning assigned in Sec. 457.902. Group health insurance coverage has the meaning assigned at 45 CFR 144.103. Group health plan has the meaning assigned at 45 CFR 144.103. Health benefits coverage means an arrangement under which enrolled individuals are protected from some or all liability for the cost of specified health care services. Health care services means any of the services, devices, supplies, therapies, or other items listed in Sec. 457.402. Health insurance coverage has the meaning assigned at 45 CFR 144.103. Health insurance issuer has the meaning assigned at 45 CFR 144.103. Health maintenance organization (HMO) plan has the meaning assigned at Sec. 457.420. Health services initiatives means activities that protect the public health, protect the health of individuals, improve or promote a State's capacity to deliver public health services, or strengthen the human and material resources necessary to accomplish public health goals relating to improving the health of children (including targeted low-income children and other low-income children). Joint application has the meaning assigned at Sec. 457.301. Low-income child means a child whose family income is at or below 200 percent of the poverty line for the size of the family involved. Managed care entity (MCE) means an entity that enters into a contract to provide services in a managed care delivery system, including but not limited to managed care organizations, prepaid health plans, and primary care case managers. Medicaid applicable income level means, with respect to a child, the effective income level (expressed as a percentage of the poverty line) specified under the policies of the State plan under title XIX of the Act (including for these purposes, a section 1115 waiver authorized by the Secretary or under the authority of section 1902(r)(2) of the Act) as of March 31, 1997 for the child to be eligible for medical assistance under either section 1902(l)(2) or 1905(n)(2) of the Act. Medicaid expansion program means a program under which a State receives Federal funding to expand Medicaid eligibility to optional targeted low-income children. Optional targeted low-income child has the meaning assigned at Sec. 435.4 (for States) and Sec. 436.3 (for Territories) of this chapter. Period of presumptive eligibility has the meaning assigned at Sec. 457.301. Poverty line/Federal poverty level means the poverty guidelines updated annually in the Federal Register by the U.S. Department of Health and Human Services under authority of 42 U.S.C. 9902(2). Preexisting condition exclusion has the meaning assigned at 45 CFR 144.103. Premium assistance program means a component of a separate child health program, approved under the State plan, under which a State pays part or all of the premiums for a SCHIP enrollee or enrollees' group health insurance coverage or coverage under a group health plan. Presumptive income standard has the meaning assigned at Sec. 457.301. Public agency has the meaning assigned in Sec. 457.301. Qualified entity has the meaning assigned at Sec. 457.301. Separate child health program means a program under which a State receives Federal funding from its title XXI allotment to provide child health assistance through obtaining coverage that meets the requirements of section 2103 of the Act and Sec. 457.402. State means all States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa and the Northern Mariana Islands. The Territories are excluded from this definition for purposes of Sec. 457.740. State Children's Health Insurance Program (SCHIP) means a program established and administered by a State, jointly funded with the Federal government, to provide child health assistance to uninsured, low-income children through a separate child health program, a Medicaid expansion program, or a combination program. [[Page 379]] State health benefits plan has the meaning assigned in Sec. 457.301. State plan means the title XXI State child health plan. Targeted low-income child has the meaning assigned in Sec. 457.310. Uncovered or uninsured child means a child who does not have creditable health coverage. Well-baby and well-child care services means regular or preventive diagnostic and treatment services necessary to ensure the health of babies, children and adolescents as defined by the State. For purposes of cost sharing, the term has the meaning assigned at Sec. 457.520. [66 FR 2670, Jan. 11, 2001, as amended at 67 FR 61974, Oct. 2, 2002]