§ 435.540 Definition of disability.
FederalRegulations
Ask Donna
How this section applies to your facts.
Title 42 CFR: Public Health › Chapter IV: CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES › Part 435: ELIGIBILITY IN THE STATES, DISTRICT OF COLUMBIA, THE NORTHERN MARIANA ISLANDS, AND AMERICAN SAMOA › Subpart F: Categorical Requirements for Eligibility › § 435.540: § 435.540 Definition of disability.
Text
(a)
Definition.
The agency must use the same definition of disability as used under SSI, except that—
(1) In determining the eligibility of individuals whose Medicaid eligibility is protected under §§ 435.130 through 435.134, the agency must use the definition of disability that was used under the Medicaid plan in December 1973; and
(2) The agency may use a more restrictive definition to determine eligibility under § 435.121, if the definition is no more restrictive than that used under the Medicaid plan on January 1, 1972.
(b)
State plan requirements.
The State plan must contain the definition of disability.
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.