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 J—Eligibility in the States and District of Columbia

42 C.F.R. § 435.911

Determination of eligibility

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Link to an amendment published at 91 FR 33480, June 3, 2026.

(a) This section implements sections 1902(a)(4), (a)(8), (a)(10)(A), (a)(19), and (e)(14) and section 1943 of the Act.

(b)(1) Except as provided in paragraph (b)(2) of this section, applicable modified adjusted gross income standard means 133 percent of the Federal poverty level or, if higher -

(i) In the case of parents and other caretaker relatives described in § 435.110(b), the income standard established in accordance with § 435.110(c) or § 435.220(c);

(ii) In the case of pregnant women, the income standard established in accordance with § 435.116(c) of this part;

(iii) In the case of individuals under age 19, the income standard established in accordance with § 435.118(c) of this part;

(iv) The income standard established under § 435.218(b)(1)(iv) of this part, if the State has elected to provide coverage under such section and, if applicable, coverage under the State's phase-in plan has been implemented for the individual whose eligibility is being determined.

(2) In the case of individuals who have attained at least age 65 and individuals who have attained at least age 19 and who are entitled to or enrolled for Medicare benefits under part A or B or title XVIII of the Act, there is no applicable modified adjusted gross income standard, except that in the case of such individuals—

(i) Who are also pregnant, the applicable modified adjusted gross income standard is the standard established under paragraph (b)(1) of this section; or

(ii) Who are also a parent or caretaker relative, as described in § 435.4, the applicable modified adjusted gross income standard is the higher of the income standard established in accordance with § 435.110(c) or § 435.220(c).

(c) For each individual who has submitted an application described in § 435.907, whose eligibility is being renewed in accordance with § 435.916, or whose eligibility is being redetermined in accordance with § 435.919 and who meets the non-financial requirements for eligibility (or for whom the agency is providing a reasonable opportunity to verify citizenship or immigration status in accordance with § 435.956(b)), the State Medicaid agency must comply with the following—

(1) The agency must, promptly and without undue delay consistent with timeliness standards established under § 435.912, furnish Medicaid to each such individual whose household income is at or below the applicable modified adjusted gross income standard.

(2) For each individual described in paragraph (d) of this section, the agency must collect such additional information as may be needed consistent with § 435.907(c), to determine whether such individual is eligible for Medicaid on any basis other than the applicable modified adjusted gross income standard, and furnish Medicaid on such basis.

(3) For individuals not eligible on the basis of the applicable modified adjusted gross income standard, the agency must comply with the requirements set forth in § 435.1200(e) of this part.

(d) For purposes of paragraph (c)(2) of this section, individuals described in this paragraph include:

(1) Individuals whom the agency identifies, on the basis of information contained in an application described in § 435.907(b) of this part, or renewal form described in § 435.916(a)(3) of this part, or on the basis of other information available to the State, as potentially eligible on a basis other than the applicable MAGI standard;

(2) Individuals who submit an alternative application described in § 435.907(c) of this part; and

(3) Individuals who otherwise request a determination of eligibility on a basis other than the applicable MAGI standard as described in § 435.603(j) of this part.

(e) For each individual who has applied for the Part D Low Income Subsidy through the Social Security Administration (SSA) and granted permission for the Social Security Administration to share Low Income Subsidy application data (LIS leads data) with the Medicaid agency for the purpose of submitting an application for the Medicare Savings Programs, the agency must—

(1) Accept, via secure electronic interface, LIS leads data transmitted to the agency from SSA;

(2) Treat received LIS leads data relating to an individual as an application for eligibility under the Medicare Savings Programs, without requiring submission of another application;

(3) Accept LIS leads data, without further verification, unless-

(i) The agency has information that is not reasonably compatible with the leads data; or

(ii) The information provided through the LIS leads data does not support a determination of eligibility for the Medicare Savings Programs;

(4) Not request information or documentation from the individual already provided to SSA through the LIS application and included in the transmission to the agency by SSA unless the agency has information that is not reasonably compatible with the LIS leads data;

(5) Seek additional information that is not in the LIS leads data if needed by the agency to make a determination of eligibility for the Medicare Savings Programs;

(6) Verify an individual's U.S. citizenship or satisfactory immigration status in accordance with §§ 435.406 and 435.956;

(7) Determine the eligibility of the individual for the Medicare Savings Programs promptly and without undue delay, consistent with timeliness standards established under § 435.912; and

(8) If any of the LIS leads data does not support a determination of eligibility under the Medicare Savings Programs—

(i) Determine what additional information is needed to make a determination of eligibility for the Medicare Savings Programs;

(ii) Notify the individual that they may be eligible for assistance with their Medicare premium and/or cost sharing charges, but that additional information is needed for the agency to make a determination of such eligibility;

(iii) Provide the individual with a minimum of 30 days to furnish any information needed by the agency to make such determination of eligibility; and

(iv) Verify the individual's eligibility for the Medicare Savings Programs in accordance with the agency's verification plan developed in accordance with § 435.945(j).

(9) Provide the individual with, in addition to and separate from any requests for additional information necessary for a determination of Medicare Savings Program eligibility, unless CMS approves otherwise,—

(i) Information about the availability of additional Medicaid benefits on other bases, including the scope of such benefits and responsibilities of the individual applying for such benefits; and

(ii) An opportunity to furnish such additional information as may be needed to determine whether the individual is eligible for such additional Medicaid benefits on other bases.

[77 FR 17209, Mar. 23, 2012, as amended at 81 FR 86457, Nov. 30, 2016; 88 FR 65270, Sept. 21, 2023; 89 FR 22867, Apr. 2, 2024]
Notes of Decisions
Cited in 63 cases (1 in the last 5 years), 1982–2022 · leading case: Doe v. Kidd, 501 F.3d 348 (4th Cir. 2007).
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Doe v. Kidd, 501 F.3d 348 (4th Cir. 2007). · cites it 4× “" 42 C.F.R. §§ 435.911 , 435.930 (2002). Appellees argue that Doe's reasonable promptness claim is moot because Appellees began providing Doe with some services before the DHHS hearing on their motion to dismiss, and certainly before the federal court hearing on their motion for…”
Reynolds v. Giuliani, 506 F.3d 183 (2d Cir. 2007). · cites it 2× “10 (g)(1) (2007); 42 C.F.R. §§ 435.911 , 435.912 (2006). B.”
Susan J. v. Riley, 254 F.R.D. 439 (M.D. Ala. 2008). · cites it 8× “2007) (citing 42 C.F.R. § 435.911 ); 8 Chiles, 136 F.3d at 714 ; 9 see also, e.”
Henrietta D. v. Bloomberg, 331 F.3d 261 (2d Cir. 2003). “42 C.F.R. §§ 435.911 (a) *265 and (b), and 7 C.”
Ability Ctr. v. Lumpkin, 808 F. Supp. 2d 1003 (N.D. Ohio 2011). · cites it 7× “2006) (citing 42 C.F.R. §§ 435.911 , 435.930). Plaintiffs allege that neither has occurred for any of the plaintiffs, including the four who defendant claims lack standing.”
Doe v. Chiles, 136 F.3d 709 (11th Cir. 1998). · cites it 7× “" 42 C.F.R. § 435.911 (a) (1996). These periods are not to exceed "[n]inety days for applicants who apply for Medicaid on the basis of disability" or "[f]orty-five days for all other applicants.”
Prado-Steiman Ex Rel. Prado v. Bush, 221 F.3d 1266 (11th Cir. 2000). · cites it 2× “” 42 C.F.R. § 435.911 (a) (1996). These periods are not to exceed “[njinety days for applicants who apply for Medicaid on the basis of disability” or "[f]orty-five days for all other applicants.”
Salazar v. Dist. of Columbia, 954 F. Supp. 278 (D.D.C. 1996). · cites it 3× “§ 1396a(a)(8); 42 C.F.R. § 435.911 (a); D.C.Code Ann. § 3-205.”
Sobky v. Smoley, 855 F. Supp. 1123 (E.D. Cal. 1994). · cites it 2× “(e) The agency must not use the time standards— (1) As a waiting period before determining eligibility ____ 42 C.F.R. § 435.911 . 55 .The absence of more specific standards in the Medicaid regulations as to what other sorts of delays in the delivery of medical assistance, such…”
Brian Bruggeman by & Through His Parents, Kenneth & Carol Bruggeman v. Rod Blagojevich, 324 F.3d 906 (7th Cir. 2003). “The regulations that implement the provision indicate that what is required is a prompt determination of eligibility and prompt provision of funds to eligible individuals to enable them to obtain the covered medical services that they need, see 42 C.F.R. §§ 435.911 (a),…”
Boulet v. Cellucci, 107 F. Supp. 2d 61 (D. Mass. 2000). · cites it 3× “42 C.F.R. § 435.911 provides that a state agency “must establish time standards for determining eligibility and inform the applicant of what they are.”
Alexander A. v. Novello, 210 F.R.D. 27 (E.D.N.Y 2002). · cites it 4× “” 42 C.F.R. § 435.911 (a). The time periods are not to exceed “[n]inety days for applicants who apply for Medicaid on the basis of disability” or “[f]orty-five days for all other applicants.”
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