42 C.F.R. § 435.914
Case documentation
(a) The agency must include in each applicant's and beneficiary's case record the information and documentation described in § 431.17(b)(1) of this chapter.
(b) The agency must dispose of each application and renewal or redetermination by a finding of eligibility or ineligibility, unless—
(1) There is an entry in the case record that the applicant voluntarily withdrew the application, and that the agency sent a notice confirming his decision;
(2) There is a supporting entry in the case record that the applicant has died; or
(3) There is a supporting entry in the case record that the applicant cannot be located.
Notes of Decisions
Cited in 30
cases, 1981–2005 · leading case: Keup v. Wisconsin Dep't of Health & Fam. Servs., 2004 WI 16 (Wis. 2004).
Keup v. Wisconsin Dep't of Health & Fam. Servs., 2004 WI 16 (Wis. 2004). “The language of § 1396a(a)(34) is clarified by the implementing federal code regulation, 42 C.F.R. § 435.914 , which governs the effective date of eligibility for Medicaid in the states.”
Seittelman v. Sabol, 697 N.E.2d 154 (NY 1998). “l assistance under the plan, such assistance will be made available to him for care and services included under the plan and furnished in or after the third month before the month in which he made application * * * for such assistance if such individual was * * * eligible for…”
In Re Kurzyniec Est., 526 N.W.2d 191 (Mich. Ct. App. 1994). “914(a)(2), which requires state agencies to provide retroactive medical benefits up to three months before the month of application if the individual "[w]ould have been eligible for Medicaid at the time he received the services if he had applied (or someone had applied for…”
Conlan v. Bonta', 125 Cal. Rptr. 2d 788 (Cal. Ct. App. 2002). “§ 1396a(a)(34); 42 C.F.R. § 435.914 (2001).) This is called the “retroactivity period.”
Carroll v. DeBuono, 998 F. Supp. 190 (N.D.N.Y. 1998). “' A review of this statute, along with the implementing regulations, reveals that the Medicaid laws are silent on the subject of whether Medicaid recipients must obtain care from an enrolled provider to be eligible for reimbursement during the retroactive period.”
Majurin v. Dep't of Soc. Servs., 417 N.W.2d 578 (Mich. Ct. App. 1987). “That application was denied on the ground that his medical expenses had been incurred outside the three-month retroactive coverage period prescribed by federal law, 42 USC 1396a(a)(34) and 42 CFR 435.914(a), and defendant’s departmental policy.”
Blanchard v. Forrest, 71 F.3d 1163 (5th Cir. 1996). “42 C.F.R. § 435.914 (a). LDHH is the state agency which administers Louisiana’s state Medicaid plan.”
Ross v. Giardi, 680 A.2d 113 (Conn. 1996). “Section 17-3Í-1 of the Regulations of Connecticut State Agencies, as permitted by federal regulations codified at 42 C.F.R. § 435.914 , allows benefits to be granted retroactively to the third month prior to the month of application if the applicant satisfies all conditions of…”
Conlan v. Shewry, 2005 Cal. Daily Op. Serv. 7288 (Cal. Ct. App. 2005). “See 42 C.F.R. § 435.914 .” (Carroll v. DeBuono, supra, at p.”
Lewis v. Thompson, 252 F.3d 567 (2d Cir. 2001). “42 C.F.R. § 435.914 . We agree with the Plaintiffs, however, that the citizen children of alien mothers remain disadvantaged by the lack of automatic eligibility.”
O'Callaghan v. Comm'r of Soc. Servs., 729 A.2d 800 (Conn. App. Ct. 1999). “§ 1396a (a) (34); 42 C.F.R. § 435.914 (a). If we conclude, however, that the hearing officer properly refused to allocate the resources to the plaintiffs resource allowance, then we will necessarily conclude that the hearing officer properly affirmed the defendant’s denial of…”
Brogan v. Miller, 537 F. Supp. 139 (N.D. Ill. 1982). “§ 1396a(a)(34) or 42 C.F.R. § 435.914 (a) (1981) further mandates a spend down period less than six months.”
— 42 C.F.R. § 435.914(a) — 3 cases
Keup v. Wisconsin Dep't of Health & Fam. Servs., 2004 WI 16 (Wis. 2004). “The language of § 1396a(a)(34) is clarified by the implementing federal code regulation, 42 C.F.R. § 435.914 , which governs the effective date of eligibility for Medicaid in the states.”
Majurin v. Dep't of Soc. Servs., 417 N.W.2d 578 (Mich. Ct. App. 1987). “That application was denied on the ground that his medical expenses had been incurred outside the three-month retroactive coverage period prescribed by federal law, 42 USC 1396a(a)(34) and 42 CFR 435.914(a), and defendant’s departmental policy.”
Blanchard v. Forrest, 71 F.3d 1163 (5th Cir. 1996). “42 C.F.R. § 435.914 (a). LDHH is the state agency which administers Louisiana’s state Medicaid plan.”
— 42 C.F.R. § 435.914(a)(2) — 2 cases
In Re Kurzyniec Est., 526 N.W.2d 191 (Mich. Ct. App. 1994). “914(a)(2), which requires state agencies to provide retroactive medical benefits up to three months before the month of application if the individual "[w]ould have been eligible for Medicaid at the time he received the services if he had applied (or someone had applied for…”
Kurzyniec v. Dep't of Soc. Servs., 207 Mich. App. 531 (Mich. Ct. App. 1994).
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