[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: 42CFR436.222]



[Page 185-186]

 

                         TITLE 42--PUBLIC HEALTH

 

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

                  HEALTH AND HUMAN SERVICES (CONTINUED)

 

PART 436_ELIGIBILITY IN GUAM, PUERTO RICO, AND THE VIRGIN ISLANDS--

 

          Subpart C_Options for Coverage as Categorically Needy

 

Sec.  436.222  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



[[Page 186]]



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 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 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 receiving active treatment as inpatients in 

psychiatric facilities or programs, if inpatient psychiatric services 

for individuals under 21 are provided under the plan.



[46 FR 47990, Sept. 30, 1981, as amended at 58 FR 4935, Jan. 19, 1993]