---
kind: "section"
citation: "42 C.F.R. § 435.540"
title: "42"
number: "435.540"
heading: "Definition of disability."
url: "https://uscodex.org/cfr/42/435.540"
---

# §435.540. Definition of disability.

- (a) **Definition.** The agency must use the same definition of disability as used under SSI, except that—
  - (1) In determining the eligibility of individuals whose Medicaid eligibility is protected under [§§ 435.130 through 435.134](/cfr/42/435.130..435.134.md), the agency must use the definition of disability that was used under the Medicaid plan in December 1973; and
  - (2) The agency may use a more restrictive definition to determine eligibility under [§ 435.121](/cfr/42/435.121.md), if the definition is no more restrictive than that used under the Medicaid plan on January 1, 1972.
- (b) **State plan requirements.** The State plan must contain the definition of disability.

## Notes

### Authority

Authority: 42 U.S.C. 1302.

### Source

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