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CODE OF COLORADO REGULATIONS 10 CCR 2505-10 8.100 Medical Services Board

102 4. Married couples living together will each be included in the other’s MAGI household regardless of whether or not they expect to file taxes jointly, separately or if one expects to be claimed as a tax dependent of the other. 5. If a child is claimed as a tax dependent by both parents who are married and who will file taxes jointly but one parent lives outside of the household due to separation or pending divorce, the child’s household composition is determined by non-filer rules. The parent living outside of the household will not be counted as part of the household. 6. An individual who is both a tax dependent and a tax filer will be considered a tax dependent for the purpose of determining eligibility for Medical Assistance. 8.100.4.F. MAGI Category Presumptive Eligibility 1. A pregnant woman may apply for presumptive eligibility for ambulatory services through Medical Assistance presumptive eligibility sites. A child under the age of 19 may apply or have an adult apply on their behalf for presumptive eligibility for State Plan approved medical services through presumptive eligibility sites. Presumptive eligibility is available to applicants for limited family planning who are not pregnant. There are no restrictions of age or gender under the limited family planning presumptive eligibility category. 2. To be eligible for presumptive eligibility: a. a pregnant woman must have an attested pregnancy, declare that her household's income shall not exceed 195% of the federal poverty level and declare that she is a United States citizen or a lawfully residing immigrant. Unless they meet the exceptions outlined under 8.100.3.G.1.g.viii. b. a child or youth under the age of 19 shall have a declared household income that does not exceed 142% of federal poverty level and declare that the child is a United States citizen or a documented immigrant unless they meet the exceptions outlined under 8.100.3.G.1.g.viii.