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42 C.F.R. §§ 435.123–435.126

4 sections in range

§435.123. Individuals eligible as qualified Medicare beneficiaries.

42 C.F.R. § 435.123

(a)
Basis. This section implements sections 1902(a)(10)(E)(i) and 1905(p)(1) of the Act.
(b)
Eligibility. The agency must provide medical assistance to individuals who meet all of the following:
(1)
Are entitled to Medicare Part A based on the eligibility requirements set forth in § 406.5(a) or § 406.20(b) of this chapter or who are enrolled in Medicare Part B for coverage of immunosuppressive drugs based on eligibility requirements described in § 407.55 of this chapter.
(2)
Have an income, subject to paragraphs (b)(2)(i) and (ii) of this section, that does not exceed 100 percent of the Federal poverty level.
(i)
During a transition month (as defined in paragraph (b)(2)(ii) of this section), any income attributable to a cost of living adjustment in Social Security retirement, survivors, or disability benefits does not count in determining an individual's income.
(ii)
A transition month is any month of the year beginning when the cost of living adjustment takes effect, through the month following the month of publication of the revised official poverty level.
(3)
Have resources, determined using financial methodologies no more restrictive than SSI, that do not exceed three times the maximum resource level allowed under the SSI program, annually adjusted by increases in the Consumer Price Index for inflation as defined in section 1905(p)(1)(C) of the Act.
(c)
Scope. Medical assistance included in paragraph (b) of this section includes all of the following:
(1)
For individuals entitled to Medicare Part A as described in paragraph (b)(1) of this section, coverage for Parts A and B premiums and cost sharing, including deductibles and coinsurance, and copays.
(2)
For individuals enrolled in Medicare Part B for coverage of immunosuppressive drugs as described in paragraph (b)(1) of this section, only coverage of premiums and cost sharing related to enrollment in Medicare Part B for coverage of immunosuppressive drugs.
Notes, amendments, and revision history

Amendments

[87 FR 66511, Nov. 3, 2022]

Authority

Authority: 42 U.S.C. 1302.

Source

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

Amendments

[87 FR 66511, Nov. 3, 2022]

§435.124. Individuals eligible as specified low-income Medicare beneficiaries.

42 C.F.R. § 435.124

(a)
Basis. This section implements sections 1902(a)(10)(E)(iii) and 1905(p)(3)(A)(ii) of the Act.
(b)
Eligibility. The agency must provide medical assistance to individuals who meet the eligibility requirements in § 435.123(b), except that income exceeds 100 percent, but is less than 120 percent of the poverty level.
(c)
Scope. Medical assistance included in paragraph (b) of this section includes the following:
(1)
For individuals entitled to Medicare Part A as described in paragraph (b)(1) of this section, coverage for the Part B premium.
(2)
For individuals enrolled under Medicare Part B for coverage of immunosuppressive drugs as described in paragraph (b)(1) of this section, only coverage of the Part B premium related to enrollment in Medicare Part B for coverage of immunosuppressive drugs.
Notes, amendments, and revision history

Amendments

[87 FR 66511, Nov. 3, 2022]

Authority

Authority: 42 U.S.C. 1302.

Source

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

Amendments

[87 FR 66511, Nov. 3, 2022]

§435.125. Individuals eligible as qualifying individuals.

42 C.F.R. § 435.125

(a)
Basis. This section implements sections 1902(a)(10)(E)(iv) and 1905(p)(3)(A)(ii) of the Act.
(b)
Eligibility. The agency must provide medical assistance to individuals who meet the eligibility requirements in § 435.123(b), except that income is at least 120 percent, but is less than 135 percent of the Federal poverty level.
(c)
Scope. Medical assistance included in paragraph (b) of this section includes the following:
(1)
For individuals entitled to Medicare Part A as described in paragraph (b)(1) of this section, coverage for the Part B premium.
(2)
For individuals enrolled under Medicare Part B for coverage of immunosuppressive drugs as described in paragraph (b)(1) of this section, only payment of the Part B premium related to enrollment in Medicare Part B for coverage of immunosuppressive drugs.
Notes, amendments, and revision history

Amendments

[87 FR 66511, Nov. 3, 2022]

Authority

Authority: 42 U.S.C. 1302.

Source

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

Amendments

[87 FR 66511, Nov. 3, 2022]

§435.126. Individuals eligible as qualified disabled and working individuals.

42 C.F.R. § 435.126

(a)
Basis. This section implements sections 1902(a)(10)(E)(ii) and 1905(s) of the Act.
(b)
Eligibility. The agency must provide medical assistance to individuals who meet all of the following:
(1)
Are entitled to Medicare Part A based on the eligibility requirements set forth in § 406.20(c) of this chapter.
(2)
Have income, subject to paragraphs (b)(2)(1)(i) and (ii) of this section, that is less than or equal to 200 percent of the federal poverty level.
(i)
During a transition month (as defined in paragraph (b)(2)(ii) of this section), any income attributable to a cost of living adjustment in Social Security retirement, survivors, or disability benefits does not count in determining an individual's income.
(ii)
A transition month is any month of the year beginning when the cost of living adjustment takes effect, through the month following the month of publication of the revised official poverty level.
(3)
Have resources that do not exceed twice the SSI resource standard described in section 1613 of the Act.
(c)
Scope. Medical assistance included in paragraph (b) of this section is coverage of the Part A premium.
Notes, amendments, and revision history

Amendments

[87 FR 66511, Nov. 3, 2022]

Authority

Authority: 42 U.S.C. 1302.

Source

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

Amendments

[87 FR 66511, Nov. 3, 2022]