---
kind: "section"
citation: "42 C.F.R. § 435.150"
title: "42"
number: "435.150"
heading: "Former foster care children."
url: "https://uscodex.org/cfr/42/435.150"
---

# §435.150. Former foster care children.

- (a) **Basis.** This section implements [section 1902(a)(10)(A)(i)(IX)](/cfr/42/1902.md?p=a-10-A-i-IX) of the Act.
- (b) **Eligibility.** The agency must provide Medicaid to individuals who:
  - (1) Are under age 26;
  - (2) Are not eligible and enrolled for mandatory coverage under [§§ 435.110 through 435.118](/cfr/42/435.110..435.118.md) or [§§ 435.120 through 435.145](/cfr/42/435.120..435.145.md); and
  - (3) Were in foster care under the responsibility of the State or a Tribe within the State and enrolled in Medicaid under the State's Medicaid State plan or under a [section 1115](/cfr/42/1115.md) demonstration project upon attaining:
    - (i) Age 18; or
    - (ii) A higher age at which the State's or such Tribe's foster care assistance ends under title IV-E of the Act.
- (c) **Options.** At the State option, the agency may provide Medicaid to individuals who meet the requirements at paragraphs [(b)(1)](#b-1) and [(2)](#b-2) of this section, were in foster care under the responsibility of the State or Tribe within the State upon attaining either age described in paragraph [(b)(3)(i)](#b-3-i) or [(ii)](#b-3-ii) of this section, and were:
  - (1) Enrolled in Medicaid under the State's Medicaid State plan or under a [section 1115](/cfr/42/1115.md) demonstration project at some time during the period in foster care during which the individual attained such age; or
  - (2) Placed by the State or Tribe in another State and, while in such placement, were enrolled in the other State's Medicaid State plan or under a [section 1115](/cfr/42/1115.md) demonstration project:
    - (i) Upon attaining either age described in paragraph [(b)(3)(i)](#b-3-i) or [(ii)](#b-3-ii) of this section; or
    - (ii) At state option, at some time during the period in foster care during which the individual attained such age.

## Notes

### Amendments

[81 FR 86451, Nov. 30, 2016]

### Authority

Authority: 42 U.S.C. 1302.

### Source

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

### Amendments

[81 FR 86451, Nov. 30, 2016]