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       Senate Engrossed
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  State of Arizona
  Senate
  Forty-ninth
  Legislature
  First Regular Session
  2009
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       CHAPTER 4
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    SENATE BILL 1102
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AN ACT

AMENDING SECTION 36-2901.03, ARIZONA REVISED STATUTES; RELATING TO THE ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 36-2901.03, Arizona Revised Statutes, is amended to read:

36-2901.03. Federal poverty program; eligibility

A. The administration shall adopt rules for a streamlined eligibility determination process for any person who applies to be an eligible person as defined in section 36-2901, paragraph 6, subdivision (a), item (iv). The administration shall adopt these rules in accordance with state and federal requirements and the section 1115 waiver.

B. The administration must base eligibility on an adjusted gross income that does not exceed one hundred per cent of the federal poverty guidelines.

C. For persons who the administration determines are eligible pursuant to this section, the date of eligibility is the first day of the month of application.

D. Except as provided in subsections E and F SUBSECTION E of this section, the administration shall determine an eligible person's continued eligibility at least annually ON AN ANNUAL BASIS.

E. Every six months the administration shall determine the continued eligibility of any adult who is at least twenty-one years of age and who is subject to redetermination of eligibility for temporary assistance for needy families cash benefits by the department. Acute care redeterminations pursuant to this subsection shall begin on September 19, 2007 and shall occur simultaneously with redeterminations of eligibility for temporary assistance for needy families cash benefits.

F. Every six months the administration shall determine the continued eligibility of any adult without dependent children who is all of the following:

1. At least twenty-one years of age.

2. Defined as eligible pursuant to section 36-2901.01.

3. Not otherwise eligible as a mandatory or optionally eligible member pursuant to title XIX of the social security act as authorized by the state plan.

Sec. 2. Emergency

This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.

APPROVED BY THE GOVERNOR APRIL 24, 2009.

FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 27, 2009.