42 C.F.R. § 435.236

Individuals in institutions who are eligible under a special income level

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(a) If the agency provides Medicaid under § 435.211 to individuals in institutions who would be eligible for AFDC, SSI, or State supplements except for their institutional status, it may also cover aged, blind, and disabled individuals in institutions who—

(1) Because of their income, would not be eligible for SSI or State supplements if they were not institutionalized; but

(2) Have income below a level specified in the plan under § 435.722. (See § 435.1005 for limitations on FFP in Medicaid expenditures for individuals specified in this section.)

(b) The agency may cover individuals under this section whether or not the State pays optional supplements.

[43 FR 45204, Sept. 29, 1978, as amended at 45 FR 24884, Apr. 11, 1980. Redesignated at 58 FR 4928, Jan. 19, 1993]
Notes of Decisions
Cited in 2 cases, 2018–2019 · leading case: Indiana Fam. & Soc. Servs. Admin. v. Lance Patterson, 119 N.E.3d 99 (Ind. Ct. App. 2019).
Indiana Fam. & Soc. Servs. Admin. v. Lance Patterson, 119 N.E.3d 99 (Ind. Ct. App. 2019). “§§ 1396a(a)(10)(A)(ii)(V), 42 C.F.R. §§ 435.236 (a), 435.1005. In 2016, the maximum payable SSI benefit for an individual was $733 monthly in 2016.”
M.P. Vs. Div. of Med. Assistance & Health Servs. (Div. of Med. Assistance & Health Servs.) (N.J. Super. Ct. App. Div. 2018). · cites it 2× “See 42 C.F.R. § 435.236 ; 42 C.F.R. § 435.1005 ; N.”
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