[Code of Federal Regulations]

[Title 42, Volume 2]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR407.42]



[Page 269-270]

 

                         TITLE 42--PUBLIC HEALTH

 

                    CHAPTER IV--CENTERS FOR MEDICARE

                          & MEDICAID SERVICES,

                        DEPARTMENT OF HEALTH AND

                             HUMAN SERVICES

 

PART 407_SUPPLEMENTARY MEDICAL INSURANCE (SMI) ENROLLMENT AND ENTITLEMENT

--Table of Contents

 

                    Subpart C_State Buy-In Agreements

 

Sec. 407.42  Buy-in groups available to the 50 States, the District of 

Columbia, and the Northern Mariana Islands.



    (a) Categories included in the buy-in groups. The buy-in groups that 

are available to the 50 States, the District of Columbia, and the 

Northern Mariana Islands are specified in paragraph (b) of this section 

in terms of the following categories:

    (1) Category A: Individuals who--

    (i) Receive SSI or SSP or both; and

    (ii) Are covered under the State's Medicaid plan as categorically 

needy.

    (2) Category B: Individuals who--

    (i) Under the Act or any other provision of Federal law are treated, 

for Medicaid eligibility purposes, as though they were receiving SSI or 

SSP; and

    (ii) Are covered under the State's Medicaid plan as categorically 

needy.

    (3) Category C: Individuals who are receiving AFDC.

    (4) Category D: Individuals who, under the Act or any other 

provision of Federal law, are treated, for Medicaid eligibility 

purposes, as though they were receiving AFDC.

    (5) Category E: Individuals who, in accordance with Sec. 435.114 or 

Sec. 435.134 of this chapter, are covered under the State's Medicaid 

plan despite the increase in social security benefits provided by Public 

Law 92-336.

    (6) Category F: Individuals who are Qualified Medicare 

Beneficiaries.1

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    \1\ Rules for buy-in for premium hospital insurance for QMBs are set 

forth in Sec. 406.26 of this chapter.

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    (7) Category G: All other individuals who are eligible for Medicaid.

    (b) Buy-in groups available. Any of the 50 States, the District of 

Columbia, and the Northern Mariana Islands may buy-in for one of the 

following groups:

    (1) Group 1: Categories A through G.

    (2) Group 2: Categories A through F.

    (3) Group 3: Categories A through E.

    (4) Group 4: Categories A, B, and F, individuals in categories C and 

D who are not social security or railroad retirement beneficiaries, and 

individuals in category E who are included in that category (in 

accordance with Sec. 435.134 of this chapter) because they received 

OAA, AB, APTD, or AABD in August 1972 or would have been eligible to 

receive such cash assistance for that month if they had applied or had 

not been institutionalized.

    (5) Group 5: Categories A and B, individuals in categories C and D 

who are not social security or railroad retirement beneficiaries, and 

individuals in category E who are included in that category (in 

accordance with Sec. 435.134 of this chapter) because they received 

OAA, AB, APTD, or AABD in August 1972 or would have been eligible to 

receive such cash assistance for that month if they had applied or had 

not been institutionalized.

    (6) Group 6: Categories A, B, and F, and individuals in category E 

who are included in that category (in accordance with Sec. 435.134 of 

this chapter) because they received AABD in August 1972 or would have 

been eligible to receive AABD for that month if they had applied or had 

not been institutionalized. This option is available only to those 

States that had an AABD program as of December 31, 1973.



[[Page 270]]



    (7) Group 7: Categories A and B, and individuals in category E who 

are included in that category (in accordance with Sec. 435.134 of this 

chapter) because they received AABD in August 1972 or would have been 

eligible to receive AABD for that month if they had applied or had not 

been institutionalized. This option is available only to those States 

that had an AABD program as of December 31, 1973.



[56 FR 38081, Aug. 12, 1991]