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. § 435.112

Families terminated from AFDC because of increased earnings or hours of employment

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(a) If a family loses AFDC solely because of increased income from employment or increased hours of employment, the agency must continue to provide Medicaid for 4 months to all members of the family if—

(1) The family received AFDC in any 3 or more months during the 6-month period immediately before the month in which it became ineligible for AFDC; and

(2) At least one member of the family is employed throughout the 4-month period, although this need not be the same member for the whole period.

(b) The 4 calendar month period begins on the date AFDC is terminated. If AFDC benefits are terminated retroactively, the 4 calendar month period also begins retroactively with the first month in which AFDC was erroneously paid.

[43 FR 45204, Sept. 29, 1978, as amended at 45 FR 24883, Apr. 11, 1980]
Notes of Decisions
Cited in 3 cases, 1984–1988 · leading case: Proffit v. Sorrell, 693 F. Supp. 435 (E.D. Va. 1988).
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Proffit v. Sorrell, 693 F. Supp. 435 (E.D. Va. 1988). “42 C.F.R. § 435.112 . This exception was created by the Secretary.”
Monmouth Cnty. Bd. of Soc. Servs. v. A.B., 475 A.2d 1266 (N.J. Super. Ct. App. Div. 1984). “In the letter the Associate Administrator offers the view that a family suspended from receiving AFDC assistance because of a five-payday month “would also not qualify for continued Medicaid benefits under 42 CFR 435.112 as the extra pay period is not considered an increase in…”
Edwards v. Myers, 167 Cal. App. 3d 1070 (Cal. Ct. App. 1985). “” (See also 42 C.F.R. § 435.112 .) The trial court determined that the term “income,” as used in section 1396a(e)(l), referred to “countable income,” i.”
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