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Page 37 – CMCS Informational Bulletin Eligibility and Enrollment Final Rule Provisions Excluded from Moratorium (Current Rules Apply) CMS is not prohibited from implementing, administering or enforcing the policies described below. States should refer to the current Code of Federal Regulations for requirements, including while the moratorium is in effect. Regulation Description of Provision as Amended by 2024 Eligibility and Enrollment Final Rule 42 CFR § 435.956 Removes state option to limit the number of reasonable opportunity periods (ROPs) during which otherwise eligible applicants receive Medicaid while they complete verification of their U.S. citizenship or satisfactory immigration status. 42 CFR § 435.1200 except for §§ 435.1200(b)(3)(i)-(v), 435.1200(e)(1)(ii), and 435.1200(h)(1). Requires Medicaid agency to make eligibility determinations on behalf of, and accept MAGI determinations from, the CHIP agency and transition beneficiaries between Medicaid and CHIP. 42 CFR § 457.65 Prohibits waiting periods in CHIP. 42 CFR § 457.340 Establishes requirements for making timely eligibility determinations and requires that Medicaid and CHIP send combined notices. Note that this provision cross-references 42 CFR § 435.912 (timely determination of eligibility). Because the amendments made to 42 CFR § 435.912 are subject to the moratorium, states should refer to the timeliness requirements in effect as of June 2, 2024. 42 CFR § 457.348 Requires CHIP agencies accept eligibility determinations made by Medicaid and establish procedures to transition children between programs as appropriate. 42 CFR § 457.350 Requires CHIP agencies to make MAGI-based eligibility determinations on behalf of Medicaid and establish procedures to transition children between programs as appropriate. 42 CFR § 457.480 Prohibits annual and/or lifetime limits on benefits in CHIP. 42 CFR § 457.570 Prohibits states from disenrolling or locking-out CHIP beneficiaries for failure to pay premiums. 42 CFR § 457.805 Requires states to establish a substitution monitoring strategy to use in place of a waiting period. 42 CFR § 457.810 Prohibits waiting periods prior to CHIP enrollment. 42 CFR § 457.965 Clarifies CHIP recordkeeping requirements. 42 CFR § 600.330 Clarifies requirements related to coordination between BHPs with other insurance affordability programs (Marketplace, Medicaid and CHIP). 42 CFR § 600.525 Prohibits premium lock-out periods in BHPs.