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 Code of Federal Regulations (Last Updated: November 8, 2024)
 Title 42 - Public Health
 Chapter IV - Centers for Medicare & Medicaid Services, Department of Health and Human Services
 SubChapter C - Medical Assistance Programs
 Part 435 - Eligibility in the States, District of Columbia, the Northern Mariana Islands, and American Samoa
 Subpart C - Options for Coverage
 Options for Coverage of Families and Children

§ 435.220 - Optional eligibility for parents and other caretaker relatives.  

Latest version.

  • § 435.220 Individuals who would meet the income and resource requirements under AFDC if child care costs were paid from earnings.

    Cross Reference
    Link to an amendment published at 81 FR 86453, Nov. 30, 2016.
    (a)

    Optional eligibility for parents and other caretaker relatives.

    (a) Basis. This section implements section 1902(a)(10)(A)(ii)(I) of the Act for optional eligibility of parents and other caretaker relatives as defined at § 435.4.

    (b) Eligibility. The agency may provide Medicaid to

    any group or groups of individuals specified under § 435.201 (a)(4), (a)(5), and (a)(6) who would meet the income and resource requirements under the State's approved AFDC plan if their work-related child care costs were paid from their earnings rather than by a State agency as a service expenditure.

    (b) The agency may use this option only if the State's AFDC plan deducts work-related child care costs from income to determine the amount of AFDC.

    [43 FR 45204, Sept. 29, 1978, as amended at 58 FR 4927, Jan. 19, 1993

    parents and other caretaker relatives defined in § 435.4 and, if living with such parent or other caretaker relative, his or her spouse, whose household income is at or below the income standard established by the agency in its State plan, in accordance with paragraph (c) of this section.

    (c) Income standard. The income standard under this section—

    (1) Must exceed the income standard established by the agency under § 435.110(c); and

    (2) May not exceed the higher of the State's AFDC payment standard in effect as of July 16, 1996, or the State's highest effective income level for eligibility of parents and other caretaker relatives in effect under the Medicaid State plan or demonstration program under section 1115 of the Act as of March 23, 2010, or December 31, 2013, if higher, converted to a MAGI-equivalent standard in accordance with guidance issued by the Secretary under section 1902(e)(14)(A) and (E) of the Act.

    [81 FR 86453, Nov. 30, 2016]