[Code of Federal Regulations]

[Title 42, Volume 3]

[Revised as of October 1, 2005]

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

[CITE: 42CFR435.131]



[Page 118]

 

                         TITLE 42--PUBLIC HEALTH

 

  CHAPTER IV--CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF 

                  HEALTH AND HUMAN SERVICES (CONTINUED)

 

PART 435_ELIGIBILITY IN THE STATES, DISTRICT OF COLUMBIA, THE NORTHERN 

MARIANA ISLANDS, AND AMERICAN SAMOA--Table of Contents

 

         Subpart B_Mandatory Coverage of the Categorically Needy

 

Sec. 435.131  Individuals eligible as essential spouses in December 1973.



    (a) The agency must provide Medicaid to any person who was eligible 

for Medicaid in December 1973 as an essential spouse of an aged, blind, 

or disabled individual who was receiving cash assistance, if the 

conditions in paragraph (b) of this section are met. An ``essential 

spouse'' is defined in section 1905(a) of the Act as one who is living 

with the individual; whose needs were included in determining the amount 

of cash payment to the individual under OAA, AB, APTD, or AABD; and who 

is determined essential to the individual's well-being.

    (b) The agency must continue Medicaid if--

    (1) The aged, blind, or disabled individual continues to meet the 

December 1973 eligibility requirements of the applicable State cash 

assistance plan; and

    (2) The essential spouse continues to meet the conditions that were 

in effect in December 1973 under the applicable cash assistance plan for 

having his needs included in computing the payment to the aged, blind, 

or disabled individual.