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Code of Federal Regulations Title 42. Public Health § 42.435.131 Individuals eligible as essential spouses in December 1973

Current as of January 02, 2025 | Updated by Findlaw Staff

(a) The agency must provide Medicaid to any person who was eligible for Medicaid in December 1973 as an essential spouse of an aged, blind, or disabled individual who was receiving cash assistance, if the conditions in paragraph (b) of this section are met. An “essential spouse” is defined in section 1905(a) of the Act as one who is living with the individual;  whose needs were included in determining the amount of cash payment to the individual under OAA, AB, APTD, or AABD;  and who is determined essential to the individual's well-being.

(b) The agency must continue Medicaid if—

(1) The aged, blind, or disabled individual continues to meet the December 1973 eligibility requirements of the applicable State cash assistance plan;  and

(2) The essential spouse continues to meet the conditions that were in effect in December 1973 under the applicable cash assistance plan for having his needs included in computing the payment to the aged, blind, or disabled individual.

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Cite this article: FindLaw.com - Code of Federal Regulations Title 42. Public Health § 42.435.131 Individuals eligible as essential spouses in December 1973 - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-42-public-health/cfr-sect-42-435-131/

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