Administrative Rule Review Report  #AR09-059

Legislative Service Office

30-Sep-09

AGENCY: Department of Health.

DATE SUBMITTED: September 29, 2009.

SUBJECT: Chapter 1, General Provisions; Chapter 2, Eligibility; Chapter 3, Benefits; and Chapter 4, Cost Sharing, Kid Care CHIP.

NATURE OF RULES:                     Legislative and procedural.

STATUTORY AUTHORITY:         W.S. 35-25-108(a)(iv).

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date.

SUMMARY OF RULES:  These amendments to existing rules are to comport the Wyoming Children's Health Insurance Program (W.S. 35-25-101 et seq.) with changes mandated by the federal Children's Health Insurance Program Reauthorization Act of 2009.  The changes implement new cost sharing requirements for participating families, provide for three insurance plans based on participants' income levels and authorize an enrollment freeze if funding appears inadequate.  In addition, the amendments reorganize and make non-substantive changes to existing provisions. 

FINDINGS:  The rules appear to be within the scope of statutory authority and legislative intent.

STAFF RECOMMENDATION:  That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.

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Gerald W. Laska

Staff Attorney

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Lynda G. Cook

Staff Attorney

GWL/