---
kind: "section"
citation: "45 C.F.R. § 400.101"
title: "45"
number: "400.101"
heading: "Financial eligibility standards."
url: "https://uscodex.org/cfr/45/400.101"
---

# §400.101. Financial eligibility standards.


In determining eligibility for refugee medical assistance, the State agency must use—

- (a) **In States with medically needy programs under 42 CFR part 435, subpart D—**
  - (1) The State's medically needy financial eligibility standards established under [42 CFR part 435](/cfr/42/part435.md), [subpart I](/cfr/45/subpartI.md), and as reflected in the State's approved title XIX State Medicaid plan; or
  - (2) A financial eligibility standard established at up to 200% of the national poverty level; and
- (b) **In States without a medically needy program—**
  - (1) The State's AFDC payment standards and methodologies in effect as of July 16, 1996, including any modifications elected by the State under section 1931(b)(2) of the Social Security Act; or
  - (2) **A financial eligibility standard established at up to 200% of the national poverty level.**

## Notes

### Amendments

[54 FR 5480, Feb. 3, 1989, as amended at 65 FR 15449, Mar. 22, 2000]

### Source

Source: 54 FR 5480, Feb. 3, 1989, unless otherwise noted.

### Authority

Authority: Section 412(a)(9), Immigration and Nationality Act (8 U.S.C. 1522(a)(9)).

### Source

Source: 45 FR 59323, Sept. 9, 1980, unless otherwise noted.

### Amendments

[54 FR 5480, Feb. 3, 1989, as amended at 65 FR 15449, Mar. 22, 2000]