123STA T . 33 PUBLIC LA W 111 – 3 —FE B. 4, 2 0 0 9intermsof t h e S t a te ’ s p er c enta g eof l o w- income chil d ren witho u t health insurance .‘ ‘ (C) S TA T EINCR EA S IN G ENR OL L M ENT O F LO W -INCOME C H IL D REN. —T he State q ualified for a performance b onus pa y ment under section 2105 (a)( 3 )( B ) for the most recent fiscal year applicable under such section. ‘‘( 4 ) RU LES OF CONSTRUCTION.— N othing in this subsection shall be construed as prohibiting a State from submitting an application to the Secretary for a wai v er under section 1115 of the State plan under title XI X to provide medical assistance to a parent of a targeted low-income child that was provided child health assistance or health benefits coverage under an applicable e x isting waiver. ‘‘(c) AP PLICA B LE EX ISTING W AI V ER.— F or purposes of this sec- tion— ‘‘(1) IN GENERAL.—The term ‘applicable existing waiver’ means a waiver , experimental, pilot, or demonstration pro j ect under section 1115, grandfathered under section 6 102(c)(3) of the D eficit Reduction Act of 2005, or otherwise conducted under authority that— ‘‘(A) would allow funds made available under this title to be used to provide child health assistance or other health benefits coverage to— ‘‘(i) a parent of a targeted low-income child
‘‘(ii) a nonpregnant childless adult; or ‘‘(iii) individuals described in both clauses (i) and (ii); and ‘‘(B) was in effect during fiscal year 200 9 . ‘‘(2) DEFINITIONS.— ‘‘(A) P ARENT.—The term ‘parent’ includes a careta k er relative (as such term is used in carrying out section 1931) and a legal guardian. ‘‘(B) NONPREGNANT CHILDLESS ADULT.—The term ‘non- pregnant childless adult’ has the meaning given such term by section 210 7 (f).’’. (2) CONFORMING AMENDMENTS.— (A) Section 2107(f) (42 U .S.C. 1397gg(f)) is amended— (i) by striking ‘‘, the Secretary’’ and inserting ‘‘
‘‘(1) The Secretary’’; (ii) in the first sentence, by inserting ‘‘or a parent (as defined in section 2111(c)(2)(A)), who is not preg- nant, of a targeted low-income child’’ before the period; (iii) by striking the second sentence; and (iv) by adding at the end the following new para- graph: ‘‘(2) The Secretary may not approve, extend, renew, or amend a waiver, experimental, pilot, or demonstration project with respect to a State after the date of enactment of the Children’s H ealth Insurance Program Reauthori z ation Act of 2009 that would waive or modify the requirements of section 2111.’’. (B) Section 6102(c) of the Deficit Reduction Act of 2005 (Public L aw 109 – 171; 120 Stat. 131) is amended by striking ‘‘Nothing’’ and inserting ‘‘Subject to section 2111 of the Social Security Act, as added by section 112 of the Children’s Health Insurance Program Reauthoriza- tion Act of 2009, nothing’’. 42USC1397g g note.
