Section 2529. Prenatal care assistance program; eligibility

1.
  Determinations as to who is an  eligible  service  recipient  under  the
  program  shall  be  made  by  the  social  services district wherein the
  applicant resides.
    2. * (a) Any inconsistent provision of law notwithstanding, a pregnant
  woman shall be presumed to be an eligible service recipient beginning on
  the  date  that  a  qualified  provider  determines,  on  the  basis  of
  preliminary information, that the pregnant woman's household income does
  not exceed the applicable income level of eligibility.
    * NB Effective until April 1, 2010
    * (a)  Any  inconsistent  provision of law notwithstanding, a pregnant
  woman shall be presumed to be an eligible service recipient beginning on
  the  date  that  a  qualified  provider  determines,  on  the  basis  of
  preliminary  information, that the pregnant woman's net household income
  does not exceed the applicable income level of eligibility.  Subject  to
  the  approval of the federal Centers for Medicare and Medicaid Services,
  financial eligibility pursuant to this  subdivision  may  be  determined
  using an equivalent methodology based on the family's gross income.
    * NB Effective April 1, 2010
    (b)  Such  presumptive  eligibility shall continue through the earlier
  of:  the day on which eligibility is determined pursuant to this  title,
  or  in  the case of a pregnant woman who does not file an application by
  the last day of the month following the month  in  which  the  qualified
  provider  makes  a  preliminary determination, the last day of the month
  following  the  month  in  which  the   qualified   provider   makes   a
  determination.
    (c)   The  department  of  social  services  shall  provide  qualified
  providers with such forms as are necessary for a pregnant woman to apply
  and information on how to assist such women  in  completing  and  filing
  such  forms.  A qualified provider that determines that a pregnant woman
  is presumptively eligible shall notify the social services  district  in
  which  the  pregnant  woman  resides  of  the  determination within five
  working days after the date on which  such  determination  is  made  and
  shall inform the woman at the time the determination is made that she is
  required  to  make  application  within fourteen calendar days after the
  date on by the last day of the month following the month  in  which  the
  determination is made.
    (d)  Notwithstanding any other provision of law, prenatal care that is
  furnished to a pregnant woman during a presumptive eligibility period by
  a qualified provider shall be deemed as medical assistance for  purposes
  of   payment   and   state  reimbursement.  For  the  purposes  of  this
  subdivision,  the  commissioner  of  social  services  shall   establish
  criteria to be used in determining who may be a qualified provider.