StacksVerified U.S. regulatory reference

42 CFR §435.134

Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
The agency must provide Medicaid to individuals who meet the following conditions:
  1. (a)In August 1972, the individual was entitled to OASDI and—
    1. (1)He was receiving OAA, AB, APTD, or AABD; or
    2. (2)He would have been eligible for one of those programs except that he had not applied, and the Medicaid plan covered this optional group; or
    3. (3)He would have been eligible for one of those programs if he were not in a medical institution or intermediate care facility, and the Medicaid plan covered this optional group.
  2. (b)The individual would currently be eligible for SSI or a State supplement except that the increase in OASDI under Pub. L. 92-336 raised his income over the limit allowed under SSI. This includes an individual who—
    1. (1)Meets all current SSI requirements except for the requirement to file an application; or
    2. (2)Would meet all current SSI requirements if he were not in a medical institution or intermediate care facility, and the State's Medicaid plan covers this optional group.