42 C.F.R. Subpart D—Optional Coverage of the Medically Needy
Title 42 - Public Health
This subpart specifies the option for coverage of medically needy individuals. (a) An agency may provide Medicaid to individuals specified in this subpart who: (1) Either: (i) Have income that meets the applicable standards in §§435.811 and 435.814; or (ii) If their income is more than allowed under the standard, have incurred medical expenses at least equal to the difference between their income and the applicable income standard; and (2) Have resources that meet the applicable standards in §§435.840 and 435.843. (b) If the agency chooses this option, the following provisions apply: (1) The agency must provide Medicaid to the following individuals who meet the requirements of paragraph (a) of this section: (i) All pregnant women during the course of their pregnancy who, except for income and resources, would be eligible for Medicaid as mandatory or optional categorically needy under subparts B or C of this part; (ii) All individuals under 18 years of age who, except for income and resources, would be eligible for Medicaid as mandatory categorically needy under subpart B of this part; (iii) All newborn children born on or after October 1, 1984, to a woman who is eligible as medically needy and is receiving Medicaid on the date of the child's birth. The child is deemed to have applied and been found eligible for Medicaid on the date of birth and remains eligible as medically needy for one year so long as the woman remains eligible and the child is a member of the woman's household. If the woman's basis of eligibility changes to categorically needy, the child is eligible as categorically needy under §435.117. The woman is considered to remain eligible if she meets the spend-down requirements in any consecutive budget period following the birth of the child. (iv) Women who, while pregnant, applied for, were eligible for, and received Medicaid services as medically needy on the day that their pregnancy ends. The agency must provide medically needy eligibility to these women for an extended period following termination of pregnancy. This period extends from the last day of the pregnancy through the end of the month in which a 60-day period, beginning on the last day of pregnancy, ends. Eligibility must be provided, regardless of changes in the woman's financial circumstances that may occur within this extended period. These women are eligible for the extended period for all services under the plan that are pregnancy-related (as defined in §440.210(c)(1) of this subchapter). (2) The agency may provide Medicaid to any of the following groups of individuals; (i) Individuals under age 21 (§435.308). (ii) Specified relatives (§435.310). (iii) Aged (§435.330.320 and 435.330). (iv) Blind (§§435.322, 435.330 and 435.340). (v) Disabled (§§435.324, 435.330, and 435.340). (3) If the agency provides Medicaid to any individual in a group specified in paragraph (b)(2) of this section, the agency must provide Medicaid to all individuals eligible to be members of that group. [46 FR 47986, Sept. 30, 1981, as amended at 52 FR 43072, Nov. 9, 1987; 52 FR 48438, Dec. 22, 1987; 55 FR 48609, Nov. 21, 1990; 58 FR 4929, Jan. 19, 1993] (a) If the agency provides Medicaid to the medically needy, it may provide Medicaid to individuals under age 21 (or, at State option, under age 20, 19, or 18), as specified in paragraph (b) of this section: (1) Who would not be covered under the mandatory medically needy group of individuals under 18 under §435.301(b)(1)(ii); and (2) Who meet the income and resource requirements of subpart I of this part. (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 placed 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. When the agency covers such 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 47986, Sept. 30, 1981, as amended at 58 FR 4929, Jan. 19, 1993] (a) If the agency provides for the medically needy, it may provide Medicaid to specified relatives, as defined in paragraph (b) of this section, who meet the income and resource requirements of subpart I of this part. (b) Specified relatives means individuals who: (1) Are listed under section 406(b)(1) of the Act and 45 CFR 233.90(c)(1)(v)(A); and (2) Have in their care an individual who is determined to be (or would, if needy, be) dependent, as specified in §435.510. [58 FR 4929, Jan. 19, 1993] If the agency provides Medicaid to individuals receiving SSI and elects to cover the medically needy, it may provide Medicaid to individuals who— (a) Are 65 years of age and older, as specified in §435.520; and (b) Meet the income and resource requirements of subpart I of this part. [46 FR 47986, Sept. 30, 1981] If the agency provides Medicaid to individuals receiving SSI and elects to cover the medically needy, it may provide Medicaid to blind individuals who meet— (a) The requirements for blindness, as specified in §§435.530 and 435.531; and (b) The income and resource requirements of subpart I of this part. [46 FR 47986, Sept. 30, 1981] If the agency provides Medicaid to individuals receiving SSI and elects to cover the medically needy, it may provide Medicaid to disabled individuals who meet— (a) The requirements for disability, as specified in §§435.540 and 435.541; and (b) The income and resource requirements of Subpart I of this part. [46 FR 47986, Sept. 30, 1981; 46 FR 54743, Nov. 11, 1981] If the agency provides Medicaid to the categorically needy under §435.212, it may provide it under the same rules to medically needy recipients who are enrolled in MCOs or PCCMs. [67 FR 41095, June 14, 2002] (a) If an agency provides Medicaid as categorically needy only to those aged, blind, or disabled individuals who meet more restrictive requirements than used under SSI and elects to cover the medically needy, it may provide Medicaid as medically needy to those aged, blind, or disabled individuals who: (1) Do not qualify for Medicaid as categorically needy under §435.121 or §435.230; and (2) If applying as blind or disabled, meet the definition of blindness or disability established under §435.121. (b) Except as specified in paragraph (c) of this section, the agency must apply to individuals covered under the option of this section the same financial and nonfinancial requirements that are applied to individuals covered as categorically needy under §§435.121 and 435.230. (c) In determining the financial eligibility of individuals who are considered as medically needy under this section, the agency must apply the financial eligibility requirements of subparts G and I of this part. [58 FR 4929, Jan. 19, 1993] If an agency provides Medicaid to the medically needy, it must cover individuals who— (a) Where eligible as medically needy under the Medicaid plan in December 1973 on the basis of the blindness or disability criteria of the AB, APTD, or AABD plan; (b) For each consecutive month after December 1973, continue to meet— (1) Those blindness or disability criteria; and (2) The eligibility requirements for the medically needy under the December 1973 Medicaid plan; and (c) Meet the current requirements for eligibility as medically needy under the Medicaid plan except for blindness or disability criteria. [46 FR 47987, Sept. 30, 1981] If an agency provides Medicaid to the medically needy, it must provide the services necessary for the treatment of an emergency medical condition, as defined in §440.255(c) of this chapter, to those aliens described in §435.406(c) of this subpart. [55 FR 36819, Sept. 7, 1990]
Title 42: Public Health
PART 435—ELIGIBILITY IN THE STATES, DISTRICT OF COLUMBIA, THE NORTHERN MARIANA ISLANDS, AND AMERICAN SAMOA
Subpart D—Optional Coverage of the Medically Needy
§ 435.300 Scope.
§ 435.301 General rules.
§ 435.308 Medically needy coverage of individuals under age 21.
§ 435.310 Medically needy coverage of specified relatives.
§ 435.320 Medically needy coverage of the aged in States that cover individuals receiving SSI.
§ 435.322 Medically needy coverage of the blind in States that cover individuals receiving SSI.
§ 435.324 Medically needy coverage of the disabled in States that cover individuals receiving SSI.
§ 435.326 Individuals who would be ineligible if they were not enrolled in an MCO or PCCM.
§ 435.330 Medically needy coverage of the aged, blind, and disabled in States using more restrictive eligibility requirements for Medicaid than those used under SSI.
§ 435.340 Protected medically needy coverage for blind and disabled individuals eligible in December 1973.
§ 435.350 Coverage for certain aliens.
