---
kind: "section"
citation: "20 C.F.R. § 416.2130"
title: "20"
number: "416.2130"
heading: "Effect of the agreement and responsibilities of States."
url: "https://uscodex.org/cfr/20/416.2130"
---

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

- (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

### Authority

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

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