42 C.F.R. § 440.200

Basis, purpose, and scope

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(a) This subpart implements the following statutory requirements—

(1) Section 1902(a)(10), regarding comparability of services for groups of beneficiaries, and the amount, duration, and scope of services described in section 1905(a) of the Act that the State plan must provide for beneficiaries;

(2) Section 1902(a)(22)(D), which provides for standards and methods to assure quality of services;

(3) Section 1903(v)(1), which provides that no payment may be made to a State under this section for medical assistance furnished to an alien who is not lawfully admitted for permanent residence or otherwise permanently residing in the United States under color of law;

(4) Section 1903(v)(2) which provides that FFP will be available for services necessary to treat an emergency medical condition of an alien not described in paragraph (a)(3) of this section if that alien otherwise meets the eligibility requirements of the State plan;

(5) Section 1907 on observance of religious beliefs;

(6) Section 1915 on exceptions to section 1902(a)(10) and waivers of other requirements of section 1902 of the Act; and

(7) Sections 245A(h), 210 and 210A of the Immigration and Nationality Act which provide that certain aliens who are legalized may be eligible for Medicaid.

(b) The requirements and limits of this subpart apply for all services defined in subpart A of this part.

[55 FR 36822, Sept. 7, 1990]

Notes of Decisions

Cited in 5 cases (2 in the last 5 years), 1979–2023 · leading case: Sobky v. Smoley, 855 F. Supp. 1123 (E.D. Cal. 1994).

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Sobky v. Smoley, 855 F. Supp. 1123 (E.D. Cal. 1994). “” Plaintiffs claim, and it appears from a review of the statutes listed in 42 C.F.R. § 440.200 as the source of the regulation, that § 440.”

Sarepta Therapeutics v. Oregon Health Auth., 530 P.3d 103 (Or. Ct. App. 2023). “” 42 CFR § 440.200 (b) (“The requirements and limits of this subpart apply for all services defined in subpart A of this part.”

Smith v. Rasmussen, 57 F. Supp. 2d 736 (N.D. Iowa 1999). “230 (b) does not further define any right to services under § 1396a(a)(17), because it does not purport to implement that subsection of the statute, but instead implements § 1396a(a)(10), citing 42 C.F.R. § 440.200 (a)(1). He argues further that 42 C.”

Doe v. Busbee, 481 F. Supp. 46 (N.D. Ga. 1979). “42 C.F.R. § 440.200 et seq. In the section setting forth the requisite amount, duration and scope of a medical service provided under a state plan for medical assistance, the regulations read as follows: (c)(1) The medicaid agency [referring to the State’s agency for…”

Sarepta Therapeutics v. Oregon Health Auth. (Or. Ct. App. 2023). “” 42 CFR § 440.200 (b) (“The requirements and limits of this subpart apply for all services defined in subpart A of this part.”

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