with a family income that is above 185 percent of the federal poverty level but does
not exceed 200 percent of the federal poverty level is not eligible for the program
under Subtitle 1 of this title and is only eligible to receive a voucher to cover the costs
of dependent coverage if:

(i) Dependent coverage is available to the individual under an
employer sponsored health benefit plan or an individual health benefit plan; and

(ii) Dependent coverage under an employer sponsored health
benefit plan or individual health benefit plan has been certified by the Secretary
under paragraph (4) of this subsection at the time the individual is determined to be
eligible for the Children and Families Health Care Program.

(2) An individual who is in the Children and Families Health Care
Program under Subtitle 1 of this title may remain in that program even if a certified
employer sponsored health benefit plan or a certified individual health benefit plan
becomes available.

(3) An eligible individual may be enrolled in an employer sponsored
health benefit plan or individual health benefit plan under:

(i) An independent insurance policy; or

(ii) An add-on to an existing policy.

(4) (i) A carrier that intends to participate in the Children and
Families Health Care Program under subsection (d) of this section shall submit its
health benefit plan to the Secretary.

(ii) The Secretary, in consultation with the Commissioner, shall
certify, within a reasonable time, if the employer sponsored health benefit plan or
individual health benefit plan meets the coverage requirements under Title XXI of
the Social Security Act and any other federal requirements, and includes a benefit
that is substantially equivalent to the early and periodic screening diagnosis and
treatment program.

(iii) If the Secretary determines that the employer sponsored health
benefit plan or individual health benefit plan does not meet the requirements of
subparagraph (ii) of this paragraph, the Secretary shall notify the carrier of that
determination within a reasonable time.

(iv) As part of the certification review under subparagraph (ii) of
this paragraph, the Secretary shall ensure that the premium payment for the eligible
individual's portion of the benefit cost to be paid by the State in accordance with
paragraph (6)(ii) of this subsection, does not exceed the cost that the State would
incur if the individual was enrolled in the program under Subtitle 1 of this title.

(v) A carrier participating in the Children and Families Health
Care Program shall offer its health benefit plans: