[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: 42CFR440.270]



[Page 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. 440.270  Religious objections.



    (a) Except as specified in paragraph (b) of this section, the agency 

may not require any individual to undergo any medical service, 

diagnosis, or treatment or to accept any other health service provided 

under the plan if the individual objects, or in the case of a child, a 

parent or guardian objects, on religious grounds.

    (b) If a physical examination is necessary to establish eligibility 

based on disability or blindness, the agency may not find an individual 

eligible for Medicaid unless he undergoes the examination.