42 CFR 435.911 - Determination of eligibility.
(a)Statutory basis. This section implements sections 1902(a)(4), (a)(8), (a)(10)(A), (a)(19), and (e)(14) and section 1943 of the Act.
(ii) In the case of pregnant women, the income standard established in accordance with § 435.116(c) of this part;
(iii) In the case of individuals under age 19, the income standard established in accordance with § 435.118(c) of this part;
(iv) The income standard established under § 435.218(b)(1)(iv) of this part, if the State has elected to provide coverage under such section and, if applicable, coverage under the State's phase-in plan has been implemented for the individual whose eligibility is being determined.
(2) In the case of individuals who have attained at least age 65 and individuals who have attained at least age 19 and who are entitled to or enrolled for Medicare benefits under part A or B or title XVIII of the Act, there is no applicable modified adjusted gross income standard, except that in the case of such individuals -
(ii) Who are also a parent or caretaker relative, as described in § 435.4, the applicable modified adjusted gross income standard is the higher of the income standard established in accordance with § 435.110(c) or § 435.220(c).
(c) For each individual who has submitted an application described in § 435.907 or whose eligibility is being renewed in accordance with § 435.916 and who meets the non-financial requirements for eligibility (or for whom the agency is providing a reasonable opportunity to verify citizenship or immigration status in accordance with § 435.956(b)) of this chapter, the State Medicaid agency must comply with the following -
(1) The agency must, promptly and without undue delay consistent with timeliness standards established under § 435.912, furnish Medicaid to each such individual whose household income is at or below the applicable modified adjusted gross income standard.
(2) For each individual described in paragraph (d) of this section, the agency must collect such additional information as may be needed consistent with § 435.907(c), to determine whether such individual is eligible for Medicaid on any basis other than the applicable modified adjusted gross income standard, and furnish Medicaid on such basis.
(d) For purposes of paragraph (c)(2) of this section, individuals described in this paragraph include:
(1) Individuals whom the agency identifies, on the basis of information contained in an application described in § 435.907(b) of this part, or renewal form described in § 435.916(a)(3) of this part, or on the basis of other information available to the State, as potentially eligible on a basis other than the applicable MAGI standard;
Title 42 published on 2015-11-28
The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 42 CFR Part 435 after this date.
- 42 CFR 435.4 — Definitions and Use of Terms.
- 42 CFR 431.10 — Single State Agency.
- 42 CFR 435.1200 — Medicaid Agency Responsibilities for a Coordinated Eligibility and Enrollment Process With Other Insurance Affordability Programs.
- 42 CFR 436.407 — Types of Acceptable Documentary Evidence of Citizenship.
- 42 CFR 457.350 — Eligibility Screening and Enrollment in Other Insurance Affordability Programs.
- 42 CFR 435.956 — Verification of Other Non-Financial Information.
- 42 CFR 435.907 — Application.
- 42 CFR 431.205 — Provision of Hearing System.
- 42 CFR 435.916 — Periodic Renewal of Medicaid Eligibility.
- 42 CFR 435.917 — Notice of Agency's Decision Concerning Eligibility, Benefits, or Services.