; and (V) that has not been excluded from participation in any Federal health care program pursuant to section 1128 or 1128A, excluded from participation in the State plan (or a waiver of such plan) pursuant to part 1002 of title 42, Code of Federal Regulations, or State law, or terminated from participating in a Federal health care program or the State plan (or a waiver of such plan) for a reason described in paragraph (8)(A) of this subsection. (ii) Qualifying individual The term qualifying individual means, with respect to an eligible out-of-State provider, an individual under 21 years of age to whom the provider furnishes items and services for the treatment of a condition. (iii) State The term State means 1 of the 50 States or the District of Columbia. . (b) Conforming amendments (1) Section 1902(a)(77) of the Social Security Act ( 42 U.S.C. 1396a(a)(77) ) is amended by inserting enrollment, after screening, . (2) The subsection heading for section 1902(kk) of such Act ( 42 U.S.C. 1396a(kk) )is amended by inserting Enrollment, after Screening, . (3) Section 2107(e)(1)(G) of such Act ( 42 U.S.C. 1397gg(e)(1)(G) ) is amended by inserting enrollment, after screening, . (c) Effective date (1) In general Except as provided in paragraph (2), the amendments made by this section take effect on the date that is 2 years after the date of enactment of this Act. (2) Exception for State legislation In the case of a State plan under Medicaid or a State child health plan under CHIP which the Secretary determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this section, such State plan or State child health plan shall not be regarded as failing to comply with the requirements of Medicaid or CHIP, respectively, solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State