26B-3-231. Medicaid waiver for minor beneficiaries.
(1) As used in this section:
(a) "ABLE account" means the same as that term is defined in Section 80-2-504.
(b) "Federal benefit" means the same as that term is defined in Section 80-2-504.
(c) "Minor beneficiary" means the same as that term is defined in Section 80-2-504.
(d) "Qualified minor" means a minor beneficiary who is not eligible for an ABLE account or other account that would allow the funds in the account to be disregarded for the purpose of determining resource-eligibility for Medicaid.
(2) On or before January 1, 2026, the department shall apply for a Medicaid waiver or state plan amendment to:
(a) disregard a qualified minor's federal benefit for the purpose of determining resource-eligibility for Medicaid; or
(b) increase the resource-eligibility limit for qualified minors to an amount that would allow qualified minors to remain resource-eligible for Medicaid while also continuing to receive federal benefits.