1. (a) An unborn child, also referred to as a "perinate," is eligible for CHIP based on the following criteria.

   1. (1) The mother of the perinate is not eligible for Medicaid; and
   2. (2) The Budget Group meets CHIP income eligibility requirements in §370.44 of this title (relating to Income and Assets).

2. (b) A perinate who is CHIP eligible under subsection (a) of this section is:

   1. (1) eligible for a 12-month continuous period;
   2. (2) exempt from the CHIP assets test in §370.44 of this title;
   3. (3) exempt from the 90-day waiting period in §370.46 of this title (relating to Waiting Period); and
   4. (4) exempt from cost sharing in §370.321 of this title (relating to Requirements and Exemptions).
   5. (5) exempt from the requirements in §370.70 of this title (relating to Income Eligibility Check in 6th Month of Coverage).
3. (c) HHSC's designee is required to expedite eligibility and enrollment for perinates so as to allow quick access to healthcare.
4. (d) The Applicant for a perinate has the right to file a Medicaid application at any time after the child is born. If the child is eligible for Medicaid, the child will be enrolled in Medicaid.

Source Note:The provisions of this §370.401 adopted to be effective April 30, 2006, 31 TexReg 3527; amended to be effective September 1, 2007, 32 TexReg 5359.