Editorial Note on Part 457
Editorial Note: Nomenclature changes to part 457 appear at 75 FR 48852, Aug. 11, 2010 and 77 FR 17213, 2013.

§ 457.301 Definitions and use of terms. As used in this subpart— *Eligibility determination* means an approval or denial of eligibility in accordance with § 457.340 as well as a renewal or termination of eligibility under § 457.343 of this subpart.
*Family size* is defined as provided in § 435.603(b) of this chapter.
*Medicaid applicable income level* means, for a child, the effective income level (expressed as a percentage of the Federal poverty level and converted to a modified adjusted gross income equivalent level in accordance with guidance issued by the Secretary under section 1902(e)(14)(A) and (E) of the Act) specified under the policies of the State plan under title XIX of the Act as of March 31, 1997 for the child to be eligible for Medicaid under either section 1902(l)(2) or 1905(n)(2) of the Act, or under a section 1115 waiver authorized by the Secretary (taking into consideration any applicable income methodologies adopted under the authority of section 1902(r)(2) of the Act).
*Non-applicant* means an individual who is not seeking an eligibility determination for him or herself and is included in an applicant's or enrollee's household to determine eligibility for such applicant or enrollee.
*Period of presumptive eligibility* means a period that begins on the date on which a qualified entity determines that a child is presumptively eligible and ends with the earlier of— ( 1 ) In the case of a child on whose behalf a separate child health program application has been filed, the day on which a decision is made on that application; or
( 2 ) In the case of a child on whose behalf an application for the separate child health program has not been filed, the last day of the month following the month in which the determination of presumptive eligibility was made.
*Presumptive income standard* means the highest income eligibility standard established under the plan that is most likely to be used to establish eligibility of a child of the age involved.
*Public agency* means a State, county, city or other type of municipal agency, including a public school district, transportation district, irrigation district, or any other type of public entity.
*Qualified entity* means an entity that is determined by the State to be capable of making determinations of presumptive eligibility for children, and that— ( 1 ) Furnishes health care items and services covered under the approved plan and is eligible to receive payments under the approved plan;
( 2 ) Is authorized to determine eligibility of a child to participate in a Head Start program under the Head Start Act;
( 3 ) Is authorized to determine eligibility of a child to receive child care services for which financial assistance is provided under the Child Care and Development Block Grant Act of 1990;
( 4 ) Is authorized to determine eligibility of an infant or child to receive assistance under the special nutrition program for women, infants, and children (WIC) under section 17 of the Child Nutrition Act of 1966;
( 5 ) Is authorized to determine eligibility of a child for medical assistance under the Medicaid State plan, or eligibility of a child for child health assistance under the Children's Health Insurance Program;
( 6 ) Is an elementary or secondary school, as defined in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801);
( 7 ) Is an elementary or secondary school operated or supported by the Bureau of Indian Affairs;
( 8 ) Is a State or Tribal child support enforcement agency;
( 9 ) Is an organization that— ( i ) Provides emergency food and shelter under a grant under the Stewart B. McKinney Homeless Assistance Act;
( ii ) Is a State or Tribal office or entity involved in enrollment in the program under this title, Part A of title IV, or title XXI; or
( iii ) Determines eligibility for any assistance or benefits provided under any program of public or assisted housing that receives Federal funds, including the program under section 8 or any other section of the United States Housing Act of 1937 (42 U.S.C. 1437) or under the Native American Housing Assistance and Self Determination Act of 1996 (25 U.S.C. 4101 *et seq.*); and
( 10 ) Any other entity the State so deems, as approved by the Secretary.
*State health benefits plan* means a health insurance coverage plan that is offered or organized by the State government on behalf of State employees or other public agency employees within the State. The term does not include a plan in which the State provides no contribution toward the cost of coverage and in which no State employees participate, or a plan that provides coverage only for a specific type of care, such as dental or vision care.
[66 FR 2675, Jan. 11, 2001, as amended at 66 FR 33823, June 25, 2001; 75 FR 48852, Aug. 11, 2010; 77 FR 17214, Mar. 23, 2012]