---
kind: "section"
citation: "42 C.F.R. § 433.148"
title: "42"
number: "433.148"
heading: "Denial or termination of eligibility."
url: "https://uscodex.org/cfr/42/433.148"
---

# §433.148. Denial or termination of eligibility.


In administering the assignment of rights provision, the agency must:

- (a) **Deny or terminate eligibility for any applicant or beneficiary who—**
  - (1) Refuses to assign his own rights or those of any other individual for whom he can legally make an assignment; or
  - (2) In the case of an applicant, does not attest to willingness to cooperate, and in the case of a beneficiary, refuses to cooperate in establishing the identity of a child's parents, obtaining medical child support and pursuing liable third parties, as required under [§ 433.147(a)](/cfr/42/433.147.md?p=a) unless cooperation has been waived;
- (b) **Provide Medicaid to any individual who—**
  - (1) Cannot legally assign his own rights; and
  - (2) Would otherwise be eligible for Medicaid but for the refusal, by a person legally able to assign his rights, to assign his rights or to cooperate as required by this subpart; and
- (c) In denying or terminating eligibility, comply with the notice and hearing requirements of [part 431](/cfr/42/part431.md), [subpart E](/cfr/42/subpartE.md) of this subchapter.

## Notes

### Amendments

[45 FR 8984, Feb. 11, 1980, as amended at 81 FR 86450, Nov. 30, 2016]

### Source

Source: 45 FR 8984, Feb. 11, 1980, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 1302.

### Source

Source: 43 FR 45201, Sept. 29, 1978, unless otherwise noted.

### Amendments

[45 FR 8984, Feb. 11, 1980, as amended at 81 FR 86450, Nov. 30, 2016]