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 C—Options for Coverage

42 C.F.R. § 435.217

Individuals receiving home and community-based services

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The agency may provide Medicaid to any group or groups of individuals in the community who meet the following requirements:

(a) The group would be eligible for Medicaid if institutionalized.

(b) In the absence of home and community-based services under a waiver granted under part 441—

(1) Subpart G of this subchapter, the group would otherwise require the level of care furnished in a hospital, NF, or an ICF/IID; or

(2) Subpart H of this subchapter, the group would otherwise require the level of care furnished in an NF and are age 65 or older.

(c) The group receives the waivered services.

[57 FR 29155, June 30, 1992]
Notes of Decisions
Cited in 15 cases (1 in the last 5 years), 1992–2021 · leading case: M.R. v. Dreyfus, 697 F.3d 706 (9th Cir. 2011).
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M.R. v. Dreyfus, 697 F.3d 706 (9th Cir. 2011). · cites it 2× “§ 1396n(c)(1); 42 C.F.R. §§ 435.217 , 441.302(c); see also, e.”
M.R. v. Dreyfus, 663 F.3d 1100 (9th Cir. 2011). · cites it 2× “§ 1396n(c)(1); 42 C.F.R. §§ 435.217 , 441.302(c); see also, e.”
Cholvin v. Wisconsin Dep't of Health & Fam. Servs., 2008 WI App 127 (Wis. Ct. App. 2008). “) see also 42 C.F.R. §§ 435.217 and 441.301(b) (iii).”
Michelle P. Ex Rel. Deisenroth v. Holsinger, 356 F. Supp. 2d 763 (E.D. Ky. 2005). “§§ 1396n(c); 42 C.F.R. §§ 435.217 . Under the waiver, monetary respite is available for care-givers which enables family members and others to provide care in the community.”
Cramer v. Chiles, 33 F. Supp. 2d 1342 (S.D. Fla. 1999). “§ 1396n(c); 42 C.F.R. § 435.217 . Under the waiver, monetary respite is available for caregivers which enables family members and others to provide care in the community.”
Reese v. Dep't of Health & Mental Hygiene, 934 A.2d 1009 (Md. Ct. Spec. App. 2007). “§ 1396n(c); 42 C.F.R. § 435.217 . 7 . Governor Harry Hughes created the Commission to Rewrite the Mental Retardation and Developmental Disabilities Law, which delivered its report to the Governor on December 13, 1985.”
Maryland Dep't of Health & Mental Hygiene v. Brown, 935 A.2d 1128 (Md. Ct. Spec. App. 2007). “,§ 1396n(c)(l); see 42 C.F.R. § 435.217 . The Older Adults Waiver Program, at the center of the present appeal, is one such program authorized by the HCBS.”
Lamore v. Ives, 977 F.2d 713 (1st Cir. 1992). · cites it 2× “§ 1396n(d); 42 C.F.R. § 435.217 . 6 As a state that has elected to participate in the Medicaid program, Maine has assumed a procedural obligation to include, in its State plan for medical assistance, “reasonable standards .”
Haymons v. Williams, 795 F. Supp. 1511 (M.D. Fla. 1992). “Plaintiffs are Medicaid-eligible mentally ill or mentally retarded adults living in facilities which are intended to be an alternative to institutionalization.”
Sharko v. Rowe, 14 F.3d 173 (2d Cir. 1994). “See 42 C.F.R. §§ 435.217 , 441.180 and 441.300 et seq.”
Courts v. Agency for Health Care Admin., 965 So. 2d 154 (Fla. 1st DCA 2007). “In chapter 381, Florida Statutes (2005), the legislature has expressed Florida's public policy with respect to providing community-based services to individuals, like appellant, who have sustained a brain or spinal cord injury.”
Skandalis v. Rowe, 811 F. Supp. 782 (D. Conn. 1993). “§ 1396n(c) are found at 42 C.F.R. §§ 435.217 , and 441.300-441.310.”
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