---
kind: "section"
citation: "42 C.F.R. § 124.505"
title: "42"
number: "124.505"
heading: "Eligibility criteria."
url: "https://uscodex.org/cfr/42/124.505"
---

# §124.505. Eligibility criteria.

- (a) **A person unable to pay for health services is a person who—**
  - (1) Is not covered, or receives services not covered, under a third-party insurer or governmental program, except where the person is not covered because the facility fails to participate in a program in which it is required to participate by [§ 124.603(c)](/cfr/42/124.603.md?p=c);
  - (2) **Falls into one of the following categories—**
    - (i) **Category A—** A person whose annual individual or family income, as applicable, is not greater than the current poverty line issued by the Secretary pursuant to [42 U.S.C. 9902](/usc/42/9902.md) that applies to the individual or family. The facility shall provide uncompensated services to persons in Category A without charge.
    - (ii) **Category B—** A person whose annual individual or family income, as applicable, is greater than but not more than twice the poverty line issued by the Secretary pursuant to [42 U.S.C. 9902](/usc/42/9902.md) that applies to the individual or family. If persons in Category B are included in the allocation plan, the facility shall provide uncompensated services to these persons without charge, or in accordance with a schedule of charges as specified in the allocation plan.
    - (iii) **Category C—** With respect only to persons seeking or receiving nursing home services, a person whose annual or family income, as applicable, is more than twice but not greater than three times the poverty line issued by the Secretary pursuant to [42 U.S.C. 9902](/usc/42/9902.md) that applies to the individual or family. If persons in Category C are included in the allocation plan, the facility shall provide uncompensated services to these persons without charge, or in accordance with a schedule of charges as specified in the allocation plan; and
  - (3) **Requests services within the facility's allocation plan in effect at the time of the request.**
- (b) For purposes of determining eligibility for uncompensated services, revisions of the poverty line are effective 60 days from the date of their publication in the Federal Register.
- (c) A person is eligible for uncompensated services if the person's individual or family annual income, as applicable, is at or below the level established under [paragraph (a)(2)](#a-2) of this section, when calculated by either of the following methods:
  - (1) Multiplying by four the person's or family's income, as applicable, for the three months preceding the request for uncompensated services;
  - (2) Using the person's or family's income, as applicable, for the twelve months preceding the request for uncompensated services.

## Notes

### Amendments

[52 FR 46031, Dec. 3, 1987, as amended at 60 FR 16756, Mar. 31, 1995]

### Authority

Authority: 42 U.S.C. 216; 42 U.S.C. 300s(3).

### Source

Source: 52 FR 46031, Dec. 3, 1987, unless otherwise noted.

### Authority

Authority: Secs. 215, 1602, 1625, Public Health Service Act (42 U.S.C. 216, 300o-1, 300r), unless otherwise noted.

### Source

Source: 42 FR 62270, Dec. 9, 1977, unless otherwise noted.

### Amendments

[52 FR 46031, Dec. 3, 1987, as amended at 60 FR 16756, Mar. 31, 1995]