[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: 42CFR436.401]



[Page 188-189]

 

                         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 E_General Eligibility Requirements

 

Sec.  436.401  General rules.



    (a) The agency may not impose any eligibility requirement that is 

prohibited under title XIX.

    (b) The agency must base any optional group covered under subparts B



[[Page 189]]



and C of this part on reasonable classifications that do not result in 

arbitrary or inequitable treatment of individuals and groups and are 

consistent with the objectives of title XIX.

    (c) The agency must not use requirements for determining eligibility 

for optional coverage groups that are more restrictive than those used 

under the State plans for OAA, AFDC, AB, APTD, or AABD.