---
kind: "section"
citation: "42 C.F.R. § 435.217"
title: "42"
number: "435.217"
heading: "Individuals receiving home and community-based services."
url: "https://uscodex.org/cfr/42/435.217"
---

# §435.217. Individuals receiving home and community-based services.


The agency may provide Medicaid to any group or groups of individuals in the community who meet the following requirements:

- (a) **The group would be eligible for Medicaid if institutionalized.**
- (b) **In the absence of home and community-based services under a waiver granted under part 441—**
  - (1) Subpart G of this subchapter, the group would otherwise require the level of care furnished in a hospital, NF, or an ICF/IID; or
  - (2) [Subpart H](/cfr/42/subpartH.md) of this subchapter, the group would otherwise require the level of care furnished in an NF and are age 65 or older.
- (c) **The group receives the waivered services.**

## Notes

### Amendments

[57 FR 29155, June 30, 1992]

### Authority

Authority: 42 U.S.C. 1302.

### Source

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

### Amendments

[57 FR 29155, June 30, 1992]