36-2995

36-2995. Children's health insurance program
fund; sources of monies; use; reversion; claims

A. The children's health insurance program fund is established. The administration
shall administer the fund and shall use fund monies to pay administrative and program
costs associated with the operation of the program established by this article.

B. Separate accounting shall be made for each source of monies received pursuant to
subsection C of this section for expenses and income activity associated with the program
established pursuant to this article.

C. Monies in the fund are comprised of:

1. Federal monies available to this state for the operation of the program.

2. Tobacco tax and state general fund monies appropriated as state matching monies.

3. Gifts, donations and grants from any source.

4. Interest paid on monies deposited in the fund.

5. Third party liability recoveries.

D. If a gift, a donation or a grant of over ten thousand dollars received from any
private source contains a condition, the administration shall first meet with the joint
legislative study committee on the integration of health care services to review the
condition before it spends that gift, donation or grant.

E. All monies in the fund other than monies appropriated by this state do not
lapse.

F. Monies appropriated from the medically needy account of the tobacco tax and
health care fund are exempt from section 35-190 relating to lapsing of appropriations.
Notwithstanding section 35-191, subsection B, the period for administrative adjustments
extends for only six months for appropriations made for administration covered services.

G. Notwithstanding sections 35-190 and 35-191, all approved claims for system
covered services presented after the end of the fiscal year in which they were incurred
shall be paid either in accordance with this section or in the current fiscal year with
the monies available in the funds established by this section.

H. Claims for covered services that are determined to be valid by the director and
the grievance and appeal procedure shall be paid from the children's health insurance
program fund.

I. All payments for claims from the children's health insurance program fund shall
be accounted for by the administration by the fiscal year in which the claims were
incurred, regardless of the fiscal year in which the payments were made.

J. Notwithstanding any other law, county owned or contracted providers and special
health care district owned or contracted providers are subject to all claims processing
and payment requirements or limitations of this chapter that are applicable to noncounty
providers.