208.991.  Definitions — persons eligible for MO HealthNet — rulemaking authority. — 1.  For purposes of this section and section 208.990, the following terms mean:

  (1)  "Child" or "children", a person or persons who are under nineteen years of age;

  (2)  "CHIP-eligible children", children who meet the eligibility standards for Missouri's children's health insurance program as provided in sections 208.631 to 208.658, including paying the premiums required under sections 208.631 to 208.658;

  (3)  "Department", the Missouri department of social services, or a division or unit within the department as designated by the department's director;

  (4)  "MAGI", the individual's modified adjusted gross income as defined in Section 36B(d)(2) of the Internal Revenue Code of 1986, as amended, and:

  (a)  Any foreign earned income or housing costs;

  (b)  Tax-exempt interest received or accrued by the individual; and

  (c)  Tax-exempt Social Security income;

  (5)  "MAGI equivalent net income standard", an income eligibility threshold based on modified adjusted gross income that is not less than the income eligibility levels that were in effect prior to the enactment of Public Law 111-148 and Public Law 111-152.

  2.  (1)  Effective January 1, 2014, notwithstanding any other provision of law to the contrary, the following individuals shall be eligible for MO HealthNet coverage as provided in this section:

  (a)  Individuals covered by MO HealthNet for families as provided in section 208.145;

  (b)  Individuals covered by transitional MO HealthNet as provided in 42 U.S.C. Section 1396r-6;

  (c)  Individuals covered by extended MO HealthNet for families on child support closings as provided in 42 U.S.C. Section 1396r-6;

  (d)  Pregnant women as provided in subdivisions (10), (11), and (12) of subsection 1 of section 208.151;

  (e)  Children under one year of age as provided in subdivision (12) of subsection 1 of section 208.151;

  (f)  Children under six years of age as provided in subdivision (13) of subsection 1 of section 208.151;

  (g)  Children under nineteen years of age as provided in subdivision (14) of subsection 1 of section 208.151;

  (h)  CHIP-eligible children; and

  (i)  Uninsured women as provided in section 208.659.

  (2)  Effective January 1, 2014, the department shall determine eligibility for individuals eligible for MO HealthNet under subdivision (1) of this subsection based on the following income eligibility standards, unless and until they are changed:

  (a)  For individuals listed in paragraphs (a), (b), and (c) of subdivision (1) of this subsection, the department shall apply the July 16, 1996, Aid to Families with Dependent Children (AFDC) income standard as converted to the MAGI equivalent net income standard;

  (b)  For individuals listed in paragraphs (f) and (g) of subdivision (1) of this subsection, the department shall apply one hundred thirty-three percent of the federal poverty level converted to the MAGI equivalent net income standard;

  (c)  For individuals listed in paragraph (h) of subdivision (1) of this subsection, the department shall convert the income eligibility standard set forth in section 208.633 to the MAGI equivalent net income standard;

  (d)  For individuals listed in paragraphs (d), (e), and (i) of subdivision (1) of this subsection, the department shall apply one hundred eighty-five percent of the federal poverty level converted to the MAGI equivalent net income standard.

  (3)  Individuals eligible for MO HealthNet under subdivision (1) of this subsection shall receive all applicable benefits under section 208.152.

  3.  The department or appropriate divisions of the department shall promulgate rules to implement the provisions of this section.  Any rule or portion of a rule, as the term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.  This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2013, shall be invalid and void.

  4.  The department shall submit such state plan amendments and waivers to the Centers for Medicare and Medicaid Services of the federal Department of Health and Human Services as the department determines are necessary to implement the provisions of this section.