[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: 42CFR435.134]



[Page 118-119]

 

                         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. 435.134  Individuals who would be eligible except for the increase 

in OASDI benefits under Pub. L. 92-336 (July 1, 1972).



    The agency must provide Medicaid to individuals who meet the 

following conditions:



[[Page 119]]



    (a) In August 1972, the individual was entitled to OASDI and--

    (1) He was receiving OAA, AB, APTD, or AABD; or

    (2) He would have been eligible for one of those programs except 

that he had not applied, and the Medicaid plan covered this optional 

group; or

    (3) He would have been eligible for one of those programs if he were 

not in a medical institution or intermediate care facility, and the 

Medicaid plan covered this optional group.

    (b) The individual would currently be eligible for SSI or a State 

supplement except that the increase in OASDI under Pub. L. 92-336 raised 

his income over the limit allowed under SSI. This includes an individual 

who--

    (1) Meets all current SSI requirements except for the requirement to 

file an application; or

    (2) Would meet all current SSI requirements if he were not in a 

medical institution or intermediate care facility, and the State's 

Medicaid plan covers this optional group.



[43 FR 45204, Sept. 29, 1978, as amended at 45 FR 24883, Apr. 11, 1980]