StacksVerified U.S. regulatory reference

42 CFR §435.217

Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
The agency may provide Medicaid to any group or groups of individuals in the community who meet the following requirements:
  1. (a)The group would be eligible for Medicaid if institutionalized.
  2. (b)In the absence of home and community-based services under a waiver granted under part 441—
    1. (1)Subpart G of this subchapter, the group would otherwise require the level of care furnished in a hospital, NF, or an ICF/IID; or
    2. (2)Subpart H of this subchapter, the group would otherwise require the level of care furnished in an NF and are age 65 or older.
  3. (c)The group receives the waivered services.