§ 26B-3-228 — Medicaid coverage for certain postpartum women.

(1) As used in this section:

(1)(a) "Extended postpartum period" means the period after a woman's pregnancy ends:
(1)(a)(i) beginning the day after the initial postpartum period; and
(1)(a)(ii) ending on the last day of the month that is 12 months after the day on which the woman's pregnancy ends.
(1)(b) "Initial postpartum period" means the period:
(1)(b)(i) beginning on the day on which a woman's pregnancy ends; and
(1)(b)(ii) ending on the last day of the month that is 60 days after the day on which the woman's pregnancy ends.
(1)(c) "Miscarriage" means the spontaneous or accidental loss of a fetus, regardless of gestational age or the duration of the pregnancy.
(2) Before July 1, 2023, the division shall request a waiver or state plan amendment to, in accordance with 42 U.S.C. Sec. 1396a(e)(16), provide continuous Medicaid coverage during the woman's extended postpartum period if:

(2)(a) the woman is eligible for Medicaid during the woman's pregnancy; and
(2)(b) the woman's pregnancy ended by way of:
(2)(b)(i) birth;
(2)(b)(ii) miscarriage;
(2)(b)(iii) stillbirth; or
(2)(b)(iv) an abortion that is permitted under Section 76-7a-201.
(3) If the request described in Subsection (2) is denied or is not approved by January 1, 2024, the division shall request a waiver or state plan amendment to, in accordance with 42 U.S.C. Sec. 1396a(e)(16), provide continuous Medicaid coverage during the woman's extended postpartum period if the woman is eligible for Medicaid during the woman's pregnancy.

Legislative History

Enacted by Chapter 316, 2023 General Session