C.F.R. » Title 42 » CHAPTER IV—CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES › SUBCHAPTER C—MEDICAL ASSISTANCE PROGRAMS › PART 433—STATE FISCAL ADMINISTRATION › Subpart B—General Administrative Requirements State Financial Participation

42 C.F.R. § 433.53

State plan requirements

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A State plan must provide that—

(a) State (as distinguished from local) funds will be used both for medical assistance and administration;

(b) State funds will be used to pay at least 40 percent of the non-Federal share of total expenditures under the plan; and

(c) State and Federal funds will be apportioned among the political subdivisions of the State on a basis that assures that—

(1) Individuals in similar circumstances will be treated similarly throughout the State; and

(2) If there is local financial participation, lack of funds from local sources will not result in lowering the amount, duration, scope, or quality of services or level of administration under the plan in any part of the State.

[57 FR 55138, Nov. 24, 1992; 58 FR 6095, Jan. 26, 1993]
Notes of Decisions
Cited in 1 case, 2011–2011 · leading case: United States Ex Rel. Feldman v. City of New York, 808 F. Supp. 2d 641 (S.D.N.Y. 2011).
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United States Ex Rel. Feldman v. City of New York, 808 F. Supp. 2d 641 (S.D.N.Y. 2011). “C § 1396a(a)(2); 42 C.F.R. § 433.53 . In New York State, local governments such as the City must fund a part of the non-federal portion of the State’s Medicaid expenditures.”
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