Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 477 - MEDICAID ELIGIBILITY
Chapter 18 - RELATIVE RESPONSIBILITY FOR MAGI-BASED PROGRAMS
Section 477-18-004 - MILITARY SERVICE

004.01 Eligibility Requirements

If a parent is absent due to active duty in the uniformed services of the United States, that parent is still considered part of the assistance unit and his/her income is considered available to the unit. Uniformed service is defined as the Army, Navy, Air Force, Marine Corps, Coast Guard, Environmental Sciences Services Administration, and Public Health Service of the United States. If a client states that separation is due to reasons other than performance in military service, the client must provide proof of bona fide separation.

004.02 Nebraska Residence

If a parent in the military is incarcerated, s/he is no longer considered part of the assistance unit.

004.03 Relative Responsibility

Relative responsibility for 599 CHIP has the following exception:

For a pregnant minor, their financially responsible parent(s) income shall not be used in the unborn child(s) 599 CHIP budget.

004.04 Age Requirement

For receipt of 599 CHIP benefits, an individual is considered an unborn child from conception to birth.

004.05 Unborn 599 CHIP Eligibility if Parent(s) Does Not Cooperate

If an ineligible pregnant woman or her spouse fails or refuses to cooperate with third party liability, the unborn(s) is ineligible for 599 CHIP.

004.06 Effective Date of Medical Eligibility

The effective date of eligibility for 599 CHIP is no earlier than the first day of the application month.

Note: There is no retroactive eligibility for the 599 CHIP Program.

004.07 Continuous Eligibility

Unborn children are continuously eligible up to six months or through their month of birth, whichever comes first. After the six months of continuous eligibility, a full eligibility review is not required. However, information reported or known to the Department must be acted upon.

Note: The unborn must have at least a 30 day period of ineligibility before they would qualify for another six month period of continuous eligibility.

Following the birth of the child, eligibility will be determined for medical assistance based on any changes reported or known to the Department.

Note: Following the birth, if the newborn is determined eligible for medical assistance, the newborn is eligible for six months of continuous medical eligibility.