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. § 435.930

Furnishing Medicaid

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The agency must—

(a) Furnish Medicaid promptly to beneficiaries without any delay caused by the agency's administrative procedures;

(b) Continue to furnish Medicaid regularly to all eligible individuals until they are found to be ineligible; and

(c) Make arrangements to assist applicants and beneficiaries to get emergency medical care whenever needed, 24 hours a day and 7 days a week.

Notes of Decisions
Cited in 77 cases (8 in the last 5 years), 1979–2025 · leading case: B.K. v. Thomas Betlach, 922 F.3d 957 (9th Cir. 2019).
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B.K. v. Thomas Betlach, 922 F.3d 957 (9th Cir. 2019). · cites it 2× “See 42 C.F.R. § 435.930 (a); see also Kessler v.”
Ball v. Rodgers, 492 F.3d 1094 (9th Cir. 2007). · cites it 3× “33 The district court need not, however, revisit the Medicaid beneficiaries’ claims under § 1396a(a)(8), the Medicaid Act’s “reasonable promptness” provision, or 42 C.F.R. § 435.930 (b), a Medicaid Act regulation mandating that Medicaid, and emergency care, be furnished…”
Guggenberger ex rel. Guggenberger v. State, 198 F. Supp. 3d 973 (D. Minn. 2016). · cites it 2× “The court declined to credit defendants’ numerous explanations for the delays in providing services, noting that many of their reasons were based on the state’s own administrative procedures.”
Doe v. Kidd, 501 F.3d 348 (4th Cir. 2007). · cites it 2× “See 42 C.F.R. § 435.930 (b) ("The agency must .”
Sobky v. Smoley, 855 F. Supp. 1123 (E.D. Cal. 1994). · cites it 3× “42 C.F.R. § 435.930 . Because § 1396a(a)(8) establishes requirements for providing services and is “phrased in terms of benefitting” individuals seeking Medicaid services, Medi-Cal recipients are the intended beneficiaries.”
Ollie Smith v. Jeffrey C. Miller, Dir., Illinois Dep't of Pub. Aid, 665 F.2d 172 (7th Cir. 1981). · cites it 3× “§ 1396a(a)(8) (1976) and HEW regulation 42 C.F.R. § 435.930 (a). In negotiation over the length of the time limits, the parties then arrived at a compromise draft of the permanent injunction.”
Odi v. Alexander, 378 F. Supp. 3d 365 (E.D. Pa. 2019). · cites it 4× “§ 1396a(a)(8) and 42 C.F.R. § 435.930 (b) (Count IV). All four counts were asserted against all Defendants, in both their individual and official capacities.”
K.B. v. Michigan Dept. Of Health & Human Servs., 367 F. Supp. 3d 647 (E.D. Mich. 2019). · cites it 3× “Defendants also contend that Plaintiffs' claims under 42 C.F.R. § 435.930 fail to state a claim because they do not provide a cause of action.”
Equal Access for El Paso, Inc. v. Hawkins, 428 F. Supp. 2d 585 (W.D. Tex. 2006). · cites it 3× “§ 1396a(a)(8) and 42 C.F.R. § 435.930 . Id. at 24, ¶ 57 . Plaintiffs’ sixth count alleges that HHSC has failed to establish capitation rates on an actuarially sound basis and concludes that HHSC’s contracts with managed care organizations therefore violate 42 U.”
Doe v. Chiles, 136 F.3d 709 (11th Cir. 1998). · cites it 4× “" 42 C.F.R. § 435.930 (a)-(b) (1996). Another regulation states that "[t]he agency must establish time standards for determining eligibility and inform the applicant of what they are.”
Soskin v. Reinertson, 353 F.3d 1242 (10th Cir. 2004). “provide that all individuals wishing to make application for medical assistance under the plan shall have opportunity to do so, and that such assistance shall be furnished with reasonable promptness to all eligible individuals.”
Stenson v. Blum, 476 F. Supp. 1331 (S.D.N.Y. 1979). · cites it 2× “” 22 Another example is 42 C.F.R. § 435.930 (b) (1979), which mandates that the appropriate state agency “[c]ontinue to furnish Medicaid regularly to all eligible individuals until they are found to be ineligible.”
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42 C.F.R. § 435.930(a): 1 case
Brown v. Luna, 735 F. Supp. 762 (M.D. Tenn. 1990).
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