42 C.F.R. § 440.225
Optional services
Any of the services defined in subpart A of this part that are not required under §§ 440.210 and 440.220 may be furnished under the State plan at the State's option.
Notes of Decisions
Cited in 19
cases (3 in the last 5 years), 1998–2026 · leading case: Levi Townsend v. Lyle Quasim, Sec'y of the State of Washington Dep't of Soc. & Health Servs. (Dshs), 328 F.3d 511 (9th Cir. 2003).
Levi Townsend v. Lyle Quasim, Sec'y of the State of Washington Dep't of Soc. & Health Servs. (Dshs), 328 F.3d 511 (9th Cir. 2003). “See 42 C.F.R. § 440.225 (recognizing that the provision of services other than those listed in 42 C.”
Henry Pashby v. Albert Delia, 709 F.3d 307 (4th Cir. 2013). “210 (a)(2), states may choose not to provide coverage for other services, such as PCS, see 42 C.F.R. § 440.225 . Thus, North Carolina could choose to eliminate its purely voluntary PCS coverage altogether and continue to receive federal Medicaid funds for its other services.”
Donna Radaszewski, Guardian, on Behalf of Eric Radaszewski v. Barry S. Maram, Dir., Illinois Dep't of Pub. Aid, 383 F.3d 599 (7th Cir. 2004). “§§ 1396d(a)(8), 1396a(a)(10)(C); 42 C.F.R. § 440.225 . A State may choose to provide private-duty nursing services at the recipient’s home, at a hospital, or at a skilled nursing facility.”
Goldstar Med. Servs., Inc. v. Dep't of Soc. Servs., 955 A.2d 15 (Conn. 2008). “See 42 C.F.R. § 440.225 . “General Statutes § 17b-2 (8) designates the department as the state agency responsible for administering the state’s medicaid program.”
Visiting Nurse Serv. of New York Home Care v. New York State Dep't of Health, 840 N.E.2d 577 (NY 2005). “Because of this joint participation, in addition to providing Medicaid coverage for an array of medical and health services specified under federal law, a state may establish its own eligibility criteria, expand the types of services that qualify for coverage and set rates for…”
Callen v. Rogers, 168 P.3d 907 (Ariz. Ct. App. 2007). “42 C.F.R. § 440.225 (1995) (“Any of the services defined in subpart A of this part .”
Sharpe v. Arizona Health Care Cost Containment Sys., 207 P.3d 741 (Ariz. Ct. App. 2009). “See 42 C.F.R. §§ 440.225 , 440.100 and 440.120.”
Sikand v. Wilson-Coker, 888 A.2d 74 (Conn. 2006). “See 42 C.F.R. § 440.225 . General Statutes § 17b-2 (8) 3 designates the department as the state agency responsible for administering the state’s medicaid program.”
Parry by & Through Parry v. Crawford, 990 F. Supp. 1250 (D. Nev. 1998). “However, once a state provides any services for which it receives matching funds, including optional services, that service becomes part of the Medicaid plan, subject to the requirements of federal law.”
Freeman v. Dep't of Soc. & Health Servs., 173 Wash. App. 729 (Wash. Ct. App. 2013). “42 C.F.R. § 440.225 . Washington State has done so.”
Conley v. Dep't of Health, Div. of Health Fin., 2012 UT App 274 (Utah Ct. App. 2012). “§ 1396a(a)(10)(A)(ii) (explaining that all of the other categories of services under subsection 1896d(a) are optional); 42 C.F.R. § 440.225 (explaining optional services).”
Greenery Rehab. Grp., Inc. v. Hammon, 150 F.3d 226 (2d Cir. 1998). “Crediting the testimony of the treating physicians, the district court analyzed each patient’s situation under its expansive reading of § 1396b(v)(3).”
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