[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: 42CFR435.222]



[Page 123]

 

                         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 C_Options for Coverage as Categorically Needy

 

Sec. 435.222  Individuals under age 21 who meet the income and resource 

requirements of AFDC.



    (a) The agency may provide Medicaid to individuals under age 21 (or, 

at State option, under age 20, 19, or 18); or reasonable categories of 

these individuals as specified in paragraph (b) of this section, who are 

not receiving cash assistance under any program but who meet the income 

and resource requirements of the State's approved AFDC plan.

    (b) The agency may cover all individuals described in paragraph (a) 

of this section or reasonable classifications of those individuals. 

Examples of reasonable classifications are as follows:

    (1) Individuals in foster homes or private institutions for whom a 

public agency is assuming a full or partial financial responsibility. If 

the agency covers these individuals, it may also provide Medicaid to 

individuals of the same age placed in foster homes or private 

institutions by private nonprofit agencies.

    (2) Individuals in adoptions subsidized in full or in part by a 

public agency.

    (3) Individuals in nursing facilities when nursing facility services 

are provided under the plan to individuals within the age group selected 

under this provision. If the agency covers these individuals, it may 

also provide Medicaid to individuals in intermediate care facilities for 

the mentally retarded.

    (4) Individuals under age 21 receiving active treatment as 

inpatients in pyschiatric facilities or programs, if inpatient 

psychiatric services for individuals under 21 are provided under the 

plan.



[46 FR 47985, Sept. 30, 1981; 46 FR 54743, Nov. 4, 1981, as amended at 

58 FR 4927, Jan. 19, 1993]