[Code of Federal Regulations]

[Title 42, Volume 4]

[Revised as of October 1, 2006]

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

[CITE: 42CFR435.114]



[Page 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 

 

         Subpart B_Mandatory Coverage of the Categorically Needy

 

Sec.  435.114  Individuals who would be eligible for AFDC except for 



increased OASDI income under Pub. L. 92-336 (July 1, 1972).



    The agency must provide Medicaid to individuals who meet the 

following conditions:

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

    (1) He was receiving AFDC; or

    (2) He would have been eligible for AFDC if he had applied, and the 

Medicaid plan covered this optional group; or

    (3) He would have been eligible for AFDC 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 AFDC except that 

the increase in OASDI under Pub. L. 92-336 raised his income over the 

limit allowed under AFDC. This includes an individual who--

    (1) Meets all current AFDC requirements except for the requirement 

to file an application; or

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

medical institution or intermediate care facility, and the current 

Medicaid plan covers this optional group.