---
kind: "section"
citation: "42 C.F.R. § 435.1009"
title: "42"
number: "435.1009"
heading: "Institutionalized individuals."
url: "https://uscodex.org/cfr/42/435.1009"
---

# §435.1009. Institutionalized individuals.

- (a) **FFP is not available in expenditures for services provided to—**
  - (1) Individuals who are inmates of public institutions as defined in [§ 435.1010](/cfr/42/435.1010.md); or
  - (2) Individuals under age 65 who are patients in an institution for mental diseases unless they are under age 22 and are receiving inpatient psychiatric services under [§ 440.160](/cfr/42/440.160.md) of this subchapter.
- (b) The exclusion of FFP described in [paragraph (a)](#a) of this section does not apply during that part of the month in which the individual is not an inmate of a public institution or a patient in an institution for tuberculosis or mental diseases.
- (c) An individual on conditional release or convalescent leave from an institution for mental diseases is not considered to be a patient in that institution. However, such an individual who is under age 22 and has been receiving inpatient psychiatric services under [§ 440.160](/cfr/42/440.160.md) of this subchapter is considered to be a patient in the institution until he is unconditionally released or, if earlier, the date he reaches age 22.

## Notes

### Amendments

[43 FR 45204, Sept. 29, 1978, as amended at 50 FR 13199, Apr. 3, 1985; 50 FR 38811, Sept. 25, 1985. Redesignated and amended at 71 FR 39225, July 12, 2006]

### Authority

Authority: 42 U.S.C. 1302.

### Source

Source: 43 FR 45204, Sept. 29, 1978, unless otherwise noted.

### Amendments

[43 FR 45204, Sept. 29, 1978, as amended at 50 FR 13199, Apr. 3, 1985; 50 FR 38811, Sept. 25, 1985. Redesignated and amended at 71 FR 39225, July 12, 2006]