C.F.R. » Title 45 » CHAPTER IV—OFFICE OF REFUGEE RESETTLEMENT, ADMINISTRATION FOR CHILDREN AND FAMILIES, DEPARTMENT OF HEALTH AND HUMAN SERVICES › PART 400—REFUGEE RESETTLEMENT PROGRAM › Subpart G—Refugee Medical Assistance

45 C.F.R. § 400.94

Determination of eligibility for Medicaid

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(a) The State must determine Medicaid and SCHIP eligibility under its Medicaid and SCHIP State plans for each individual member of a family unit that applies for medical assistance.

(b) A State that provides Medicaid to medically needy individuals in the State under its State plan must determine a refugee applicant's eligibility for Medicaid as medically needy.

(c) A State must provide medical assistance under the Medicaid and SCHIP programs to all refugees eligible under its State plans.

(d) If the appropriate State agency determines that the refugee applicant is not eligible for Medicaid or SCHIP under its State plans, the State must determine the applicant's eligibility for refugee medical assistance.

[54 FR 5480, Feb. 3, 1989, as amended at 60 FR 33603, June 28, 1995; 65 FR 15449, Mar. 22, 2000]
Notes of Decisions
Cited in 2 cases, 2018–2019 · leading case: State of Tenn. v. United States Dep't of State, 931 F.3d 499 (6th Cir. 2019).
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State of Tenn. v. United States Dep't of State, 931 F.3d 499 (6th Cir. 2019). · cites it 3× “" 45 C.F.R. § 400.94 (b) - (c). If the refugee is in one of the groups that must be covered, see 8 U.”
Tennessee v. U.S. Dep't of State, 329 F. Supp. 3d 597 (W.D. Tenn. 2018). “If the refugee resettlement agency determines that a refugee is not eligible for Medicaid under the state plan, the agency looks to the Refugee Medical Assistance ("RMA") program for benefits for the refugee.”
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