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(1) The department and the governor may not expand the state's Medicaid program under PPACA unless:
(a) the department expands Medicaid in accordance with Section 26-18-415; or
(b)
(i) the governor or the governor's designee has reported the intention to expand the state Medicaid program under PPACA to the Legislature in compliance with the legislative review process in Section 26-18-3; and
(ii) the governor submits the request for expansion of the Medicaid program for optional populations to the Legislature under the high impact federal funds request process required by Section 63J-5-204.
(2)
(a) The department shall request approval from CMS for waivers from federal statutory and regulatory law necessary to implement the health coverage improvement program under Section 26-18-411.
(b) The health coverage improvement program under Section 26-18-411 is not subject to the requirements in Subsection (1).