42 USC 1396 - Presumptive eligibility for children

1 So in original. A comma probably should appear after “title”.

eligibility of a child for medical assistance under the State plan under this subchapter, or eligibility of a child for child health assistance under the program funded under subchapter XXI, (III) is an elementary school or secondary school, as such terms are defined in

2 See References in Text note below.

an elementary or secondary school operated or supported by the Bureau of Indian Affairs, a State or tribal child support enforcement agency, an organization that is providing emergency food and shelter under a grant under the Stewart B. McKinney Homeless Assistance Act 

Editorial Notes

References in Text

The Head Start Act, referred to in subsec. (span)(3)(A)(i)(II), is subchapter B (§§ 635–657) of chapter 8 of subtitle A of title VI of Puspan. L. 97–35, Aug. 13, 1981, 95 Stat. 499, which is classified generally to subchapter II (§ 9831 et seq.) of chapter 105 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 9801 of this title and Tables.

The Child Care and Development Block Grant Act of 1990, referred to in subsec. (span)(3)(A)(i)(II), is subchapter C (§ 658A et seq.) of chapter 8 of subtitle A of title VI of Puspan. L. 97–35, as added by Puspan. L. 101–508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388–236, which is classified generally to subchapter II–B (§ 9857 et seq.) of chapter 105 of this title. For complete classification of this Act to the Code, see section 9857(a) of this title and Tables.

Section 8801 of title 20, referred to in subsec. (span)(3)(A)(i)(III), was repealed by Puspan. L. 107–110, title X, § 1011(5)(C), Jan. 8, 2002, 115 Stat. 1986. See section 7801 of Title 20, Education.

The Stewart B. McKinney Homeless Assistance Act, referred to in subsec. (span)(3)(A)(i)(III), was Puspan. L. 100–77, July 22, 1987, 101 Stat. 482. Puspan. L. 100–77 was renamed the McKinney-Vento Homeless Assistance Act by Puspan. L. 106–400, § 1, Oct. 30, 2000, 114 Stat. 1675, and is classified principally to chapter 119 (§ 11301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 11301 of this title and Tables.

The United States Housing Act of 1937, referred to in subsec. (span)(3)(A)(i)(III), is act Sept. 1, 1937, ch. 896, as revised generally by Puspan. L. 93–383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 653, and amended, which is classified generally to chapter 8 (§ 1437 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1437 of this title and Tables.

The Native American Housing Assistance and Self-Determination Act of 1996, referred to in subsec. (span)(3)(A)(i)(III), is Puspan. L. 104–330, Oct. 26, 1996, 110 Stat. 4016, which is classified principally to chapter 43 (§ 4101 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 4101 of Title 25 and Tables.

Amendments

2000—Subsec. (span)(3)(A)(i). Puspan. L. 106–554, § 1(a)(6) [title VII, § 708(span)(1)], substituted “42 U.S.C. 9831” for “42 U.S.C. 9821”.

Puspan. L. 106–554, § 1(a)(6) [title VII, § 708(a)(2)], inserted before semicolon “eligibility of a child for medical assistance under the State plan under this subchapter, or eligibility of a child for child health assistance under the program funded under subchapter XXI, (III) is an elementary school or secondary school, as such terms are defined in section 8801 of title 20, an elementary or secondary school operated or supported by the Bureau of Indian Affairs, a State or tribal child support enforcement agency, an organization that is providing emergency food and shelter under a grant under the Stewart B. McKinney Homeless Assistance Act, or a State or tribal office or entity involved in enrollment in the program under this subchapter, under part A of subchapter IV, under subchapter XXI, or that determines eligibility for any assistance or benefits provided under any program of public or assisted housing that receives Federal funds, including the program under section 8 or any other section of the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) or under the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.), or (IV) any other entity the State so deems, as approved by the Secretary”.

Puspan. L. 106–554, § 1(a)(6) [title VII, § 708(a)(1)], substituted “, (II)” for “or (II)”.

Subsec. (span)(3)(A)(ii). Puspan. L. 106–554, § 1(a)(6) [title VII, § 708(span)(2)], substituted “paragraph (2)” for “paragraph (1)(A)”.

Subsec. (c)(2). Puspan. L. 106–554, § 1(a)(6) [title VII, § 708(span)(3)], substituted “subsection (span)(2)” for “subsection (span)(1)(A)” in introductory provisions.

1999—Subsec. (d)(1)(B). Puspan. L. 106–113 substituted “an entity” for “a entity”.