§ 50-29-05 — Limitations of chapter

Health assistance provided under this chapter is not an entitlement. A person does not have
a property interest in any health assistance sought or provided under this chapter. If the
department estimates that available funds are insufficient to allow participation by additional
applicants, the department may take any action appropriate to avoid commitment of funds in
excess of available funds, including denying applications and establishing waiting lists, that is
not forbidden by title XXI of the federal Social Security Act [42 U.S.C. 1397aa et seq.] or
regulations adopted thereunder. Notwithstanding any other provisions of this chapter, the
department may not expend funds for purposes of this chapter which exceed the federal funds
available and the corresponding nonfederal share, and if federal children's health insurance
program funding decreases, or if federal funding expires, the department may decrease the
income eligibility limit to operate within the federal funding available or may terminate the
program if federal funding expires.