C.F.R. » Title 42 » CHAPTER IV—CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES › SUBCHAPTER C—MEDICAL ASSISTANCE PROGRAMS › PART 435—ELIGIBILITY IN THE STATES, DISTRICT OF COLUMBIA, THE NORTHERN MARIANA ISLANDS, AND AMERICAN SAMOA › Subpart B—Mandatory Coverage

42 C.F.R. § 435.110

Parents and other caretaker relatives

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(a) Basis. This section implements sections 1931(b) and (d) of the Act.

(b) Scope. The agency must provide Medicaid to parents and other caretaker relatives, as defined in § 435.4, and, if living with such parent or other caretaker relative, his or her spouse, whose household income is at or below the income standard established by the agency in the State plan, in accordance with paragraph (c) of this section.

(c) Income standard. The agency must establish in its State plan the income standard as follows:

(1) The minimum income standard is a State's AFDC income standard in effect as of May 1, 1988 for the applicable family size converted to a MAGI-equivalent standard in accordance with guidance issued by the Secretary under section 1902(e)(14)(A) and (E) of the Act.

(2) The maximum income standard is the higher of—

(i) The effective income level in effect for section 1931 low-income families under the Medicaid State plan or waiver of the State plan as of March 23, 2010 or December 31, 2013, if higher, converted to a MAGI-equivalent standard in accordance with guidance issued by the Secretary under section 1902(e)(14)(A) and (E) of the Act; or

(ii) A State's AFDC income standard in effect as of July 16, 1996 for the applicable family size, increased by no more than the percentage increase in the Consumer Price Index for all urban consumers between July 16, 1996 and the effective date of such increase.

[77 FR 17204, Mar. 23, 2012, as amended at 78 FR 42302, July 15, 2013]
Notes of Decisions
Cited in 9 cases, 1983–2001 · leading case: Lewis v. Thompson, 252 F.3d 567 (2d Cir. 2001).
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Lewis v. Thompson, 252 F.3d 567 (2d Cir. 2001). “§ 1396a(a)(10)(A)(i); 42 C.F.R. § 435.110 . This category principally includes individuals already receiving some other need-based government benefit, most commonly Aid to Families with Dependent Children (“AFDC”).”
Fransen v. Iowa Dep't of Human Servs., 376 N.W.2d 903 (Iowa 1985). “§ 1396 ; 42 C.F.R. § 435.110 (a); 498 Iowa Admin.Code 75.”
Vance v. Hegstrom, 793 F.2d 1018 (9th Cir. 1986). “42 C.F.R. § 435.110 (a). For purposes of section 435.”
Summers v. D'Elia, 95 A.D.2d 184 (N.Y. App. Div. 1983). “If they were part of the ADC assistance unit, they would, of course, be eligible for this very important benefit (42 CFR 435.110; Social Services Law, § 366, subd 1, par [a]).”
Lipscomb ex rel. DeFehr v. Simmons, 962 F.2d 1374 (9th Cir. 1992). “42 C.F.R. §§ 435.110 (a), 435.120. . The California Court of Appeal noted that there was no evidence in the record that the lack of state payments discouraged relatives from providing foster care.”
Rivera v. Comm'r of Pub. Welfare, 479 N.E.2d 639 (Mass. 1985). “§ 1396a(a) (10)(A)(i); 42 C.F.R. §§ 435.110 , 435.120; 42 U.S.C.”
Brannon v. Adult & Fam. Servs. Div., 920 P.2d 161 (Or. Ct. App. 1996). · cites it 3× “42 USC § 1396a(a)(10)(A)(D; 42 CFR § 435.110 . 2 In January 1993, when claimant stopped receiving ADC benefits due to her JOBS disqualification, she lost her categorical eligibility to receive Medicaid benefits.”
Linda Lewis v. Tommy G. Thompson, 252 F.3d 567 (2d Cir. 2001). “1396a (a)(10)(A)(i); 42 C.F.R. 435.110. This category principally includes individuals already receiving some other need-based government benefit, most commonly Aid to Families with Dependent Children ("AFDC").”
Liana v. Dep't of Health & Rehabilitative Servs., 603 So. 2d 1374 (Fla. 1st DCA 1992). “§ 1396a(a)(10)(A) and 42 C.F.R. § 435.110 .”
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