§416.2130. Effect of the agreement and responsibilities of States.

20 C.F.R. § 416.2130

(a)

An agreement under this subpart does not change—

(1)

The provisions of a State's Medicaid plan;

(2)

The conditions under which the Secretary will approve a State's Medicaid plan; or

(3)

A State's responsibilities under the State Medicaid plan.

(b)

Following are examples of functions we will not agree to carry out for the State:

(1)

Stationing of our employees at hospitals or nursing homes to take Medicaid applications;

(2)

Determining whether a person is eligible for Medicaid for any period before he or she applied for SSI benefits;

(3)

Giving approval for emergency medical care under Medicaid before a determination has been made on whether a person is eligible for SSI benefits;

(4)

Setting up or running a State's system for requiring a person to pay part of the cost of services he or she receives under Medicaid; or

(5)

Giving identification cards to people to show that they are eligible for Medicaid.

Notes, amendments, and revision history

Authority: Secs. 702(a)(5), 1106, 1631(d)(1), and 1634 of the Social Security Act (42 U.S.C. 902(a)(5), 1306, 1383(d)(1), and 1383c).

Source: 53 FR 12941, Apr. 20, 1988, unless otherwise noted.