(1) "Federally defined PPACA high risk pool individual" or "MACP eligible," means an individual who:

(a) is a citizen, or national, of the United States, or is lawfully present in the United States in accordance with the applicable provisions of PPACA;

(b) has not been covered under creditable coverage as defined in 33-22-140, MCA (2009), during the six month period prior to the date on which such individual is applying for coverage under the MACP;

(c) is a Montana resident; and

(d) has a preexisting condition.

(2) A preexisting condition that triggers eligibility for the MACP pool is defined as:

(a) complying with 33-22-1501(7)(a)(iii)(A) and (B), MCA; or

(b) a medical condition identified as a "presumptive condition" by the MCHA; or

(c) as otherwise defined by the U.S. Secretary of Health and Human Services.