[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: 42CFR440.255]



[Page 250-251]

 

                         TITLE 42--PUBLIC HEALTH

 

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

                  HEALTH AND HUMAN SERVICES (CONTINUED)

 

PART 440_SERVICES: GENERAL PROVISIONS--Table of Contents

 

      Subpart B_Requirements and Limits Applicable to All Services

 

Sec. 440.255  Limited services available to certain aliens.



    (a) FFP for services. FFP is available for services provided to 

aliens described in this section which are necessary to treat an 

emergency medical condition as defined in paragraphs (b)(1) and (c) or 

services for pregnant women described in paragraph (b)(2).

    (b) Legalized aliens eligible only for emergency services and 

services for pregnant women. Aliens granted lawful temporary resident 

status, or lawful permanent resident status under sections 245A, 210 or 

210A of the Immigration and Nationality Act, who are not in one of the 

exempt groups described in Sec. Sec. 435.406(a)(3) and 436.406(a)(3) 

and who meet all other requirements for Medicaid will be eligible for 

the following services--

    (1) Emergency services required after the sudden onset of a medical 

condition manifesting itself by acute symptoms of sufficient severity 

(including severe pain) such that the absence of immediate medical 

attention could reasonably be expected to result in:

    (i) Placing the patient's health in serious jeopardy;

    (ii) Serious impairment to bodily functions; or

    (iii) Serious dysfunction of any bodily organ or part.

    (2) Services for pregnant women which are included in the approved 

State plan. These services include routine prenatal care, labor and 

delivery, and routine post-partum care. States, at their option, may 

provide additional plan services for the treatment of conditions which 

may complicate the pregnancy or delivery.

    (c) Effective January 1, 1987, aliens who are not lawfully admitted 

for permanent residence in the United States or permanently residing in 

the United States under the color of law must receive the services 

necessary to treat



[[Page 251]]



the condition defined in paragraph (1) of this section if--

    (1) The alien has, after sudden onset, a medical condition 

(including emergency labor and delivery) manifesting itself by acute 

symptoms of sufficient severity (including severe pain) such that the 

absence of immediate medical attention could reasonably be expected to 

result in:

    (i) Placing the patient's health in serious jeopardy;

    (ii) Serious impairment to bodily functions; or

    (iii) Serious dysfunction of any bodily organ or part, and

    (2) The alien otherwise meets the requirements in Sec. Sec. 

435.406(c) and 436.406(c) of this subpart.



[55 FR 36823, Sept. 7, 1990; 56 FR 10807, Mar. 14, 1991]