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 F—Categorical Requirements for Eligibility

42 C.F.R. § 435.540

Definition of disability

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(a) Definition. The agency must use the same definition of disability as used under SSI, except that—

(1) In determining the eligibility of individuals whose Medicaid eligibility is protected under §§ 435.130 through 435.134, the agency must use the definition of disability that was used under the Medicaid plan in December 1973; and

(2) The agency may use a more restrictive definition to determine eligibility under § 435.121, if the definition is no more restrictive than that used under the Medicaid plan on January 1, 1972.

(b) State plan requirements. The State plan must contain the definition of disability.

Notes of Decisions
Cited in 4 cases, 1986–2006 · leading case: Farris v. Dep't of Child. & Fam., 941 So. 2d 512 (Fla. 1st DCA 2006).
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Farris v. Dep't of Child. & Fam., 941 So. 2d 512 (Fla. 1st DCA 2006). · cites it 2× “(d) Be disabled in accordance with SSI disability criteria set forth in 42 C.F.R. §§ 435.540 and 435.541 (both incorporated by reference) and meet the requirements of subsection 65A-1.”
Disabled Rights Union v. Kizer, 744 F. Supp. 221 (C.D. Cal. 1990). “See 42 C.F.R. § 435.540 (1989); see also, 42 U.”
Raperto v. Florida Dep't of Child. & Families, 842 So. 2d 202 (Fla. 3d DCA 2003). · cites it 2× “701(6) to participate in the Channeling waiver; (b) Be determined disabled in accordance with SSI disability criteria set forth in 42 C.F.R. §§ 435.540 and 435.541 and meet the requirements of subsection 65A-1.”
Mullins v. Kenley, 639 F. Supp. 1252 (W.D. Va. 1986). “, 42 C.F.R. § 435.540 . This choice proves to be quite expedient and attractive in those cases in which Virginia simply defers to decisions of the Social Security Administration.”
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